Mary Amaral, et al v. Wachovia Mortgage Corporation et al

Filing 153

ORDER Adopting FINDINGS AND RECOMMENDATIONS, ORDER Remanding Case To Kings County Superior Court, ORDER Directing Clerk To Enter Judgment (Doc. 149 ),signed by Chief Judge Anthony W. Ishii on 1/30/2012. CASE CLOSED. REMANDING CASE to Kings County Superior Court (Kings County Superior Court Case Number 09C0116). Copy of remand order sent to Kings County Superior Court, 1426 South Drive, Hanford, CA 93230. CASE CLOSED. (Fahrney, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9

MARY AMARAL, JOE AMARAL, and
DANNY AMARAL,

10
11
Plaintiff,
12
v.
13
14
15

WACHOVIA MORTGAGE
CORPORATION, et al.,
Defendants,

)
)
)
)
)
)
)
)
)
)
)
)
)
)

1:09-cv-937-AWI-GSA

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
ORDER REMANDING CASE TO
KINGS COUNTY SUPERIOR COURT
ORDER DIRECTING CLERK TO
ENTER JUDGMENT

16
17

(Doc 149)

18
19

On April 21, 2009, Plaintiffs Mary Amaral, Joe Amaral and Danny Amaral (“Plaintiffs”)

20

filed a complaint in the Kings County Superior Court of California alleging mortgage fraud

21

against Defendants Wachovia Mortgage Corporation (“Wachovia”) and Carrington Mortgage

22

Services. (Doc. 24-1). On May 28, 2009, Carrington removed this action to this Court from the

23

Kings County Superior Court of California. (Doc. 2).

24

However, during the course of the proceedings, several defendants were dismissed and

25

Plaintiffs subsequently filed a Second Amended Complaint naming Heather Vasquez, an

26

individual residing in California, as the sole defendant and alleging state law claims. (Doc. 115).

27

Plaintiffs also filed a Motion for Default Judgment on October 21, 2011. (Doc. 145-147). Upon

28

a review of the Motion for Default Judgment, the Magistrate Judge issued Findings and
1

1

Recommendations recommending that the case be remanded to the Kings County Superior Court.

2

(Doc. 149). The basis for the remand was that this Court no longer had jurisdiction over the state

3

law claims. The parties were served with the Findings and Recommendations and were advised

4

that any objections were to be filed within thirty days.

5

On December 21, 2011, Plaintiffs filed a non-opposition to the Magistrate Judge’s

6

Findings and Recommendations and requested that the Court issue judgment in favor of

7

Defendant Wachovia against Plaintiffs. (Doc. 151). Defendant Wachovia also filed objections

8

noting that it had no opposition to the remand but also requested that the Court simultaneously

9

issue a judgment in favor of Wachovia since Judge Wanger had previously dismissed Wachovia

10
11

from this action with prejudice.1 (Docs. 110, 118, 121 and 152).
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a

12

de novo review of the case. Having carefully reviewed the entire file, the Court finds that the

13

Findings and Recommendations are supported by the record and proper analysis. Moreover, the

14

Court will grant the parties’ requests and a judgment will issue in favor of Wachovia.

15
16

Accordingly, IT IS HEREBY ORDERED that:

17

1.

18
19

IN FULL;
2.

20
21
22

The Findings and Recommendations filed on November 23, 2011 are ADOPTED

Judgment shall be issued against Plaintiffs, Mary, Joe, and Danny Amaral, and in
favor of Defendant Wachovia Mortgage Corporation; and

3.

The case shall be REMANDED to the Kings County Superior Court.

IT IS SO ORDERED.

23
24

Dated:
0m8i78

January 30, 2012
CHIEF UNITED STATES DISTRICT JUDGE

25
26
27
28

1
Additionally, the Court notes that Defendant Carrington Mortgage Services, LLC was dismissed with
prejudice on July 19, 2011. See Doc. No. 139.

2