Paul Sandford et al v. Wells Fargo and Co et al

Filing 133

(IN CHAMBERS) ORDER by Judge Josephine Staton Tucker: REMANDING case to ORANGE COUNTY SUPERIOR COURT, Case number 30-2011-00455425. Case Terminated. Made JS-6 (rla) Modified on 1/30/2013 (rla). (Mailed certified copy of this Order and public docket to OCSC 1/30/13.) (Emailed a copy of this order to fiscal dept. 1/30/13.)

JS-6
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 11-502-JST (RNBx)
Title: Paul Sandford, et al. v. Wells Fargo & Co., et al.

Date: January 30, 2013

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Ellen Matheson
Deputy Clerk

N/A
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF:
Not Present
PROCEEDINGS:

ATTORNEYS PRESENT FOR DEFENDANT:
Not Present

(IN CHAMBERS) ORDER REMANDING CASE TO ORANGE

COUNTY SUPERIOR COURT, CASE NO. 30-2011-00455425
On December 21, 2012, the Court ordered Defendant Wells Fargo Bank, N.A.
(“Wells Fargo”) to show cause why this case should not be remanded for lack of subject
matter jurisdiction. (Doc. 119.) The Court noted that it had previously concluded that
Wells Fargo is a citizen of California, and therefore, the requirement of complete
diversity is not met. (Id.) The Court also noted that Plaintiff’s Complaint did not assert a
federal claim. (Id.) Wells Fargo, in its response to the OSC, concedes that Plaintiff did
not assert a federal claim but contends that Wells Fargo was a diverse party. (Doc. 128 at
1-2.) For the reasons set forth in the Court’s OSC and the previous Order of the Court
referenced in the OSC, the Court rejects Wells Fargo’s argument. Accordingly, the Court
concludes that it lacks subject matter jurisdiction, and REMANDS this case to Orange
County Superior Court, Case No. 30-2011-00455425.
All funds deposited in the registry of this Court shall be transferred to the Orange
County Superior Court, Central Justice Center, Attention: Fiscal Services, 700 Civic
Center Drive West, Santa Ana, California 92701.
cc: FISCAL
Initials of Preparer: enm

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CIVIL MINUTES – GENERAL
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