Colbert v. Wells Fargo Home Mortgage, Inc. et al

Filing 19

ORDER signed by Judge Garland E. Burrell, Jr on 6/24/2011 ORDERING the Third Cause of Action in the First Amended Complaint filed in Solano Coutny of 2/8/2011 is DISMISSED with prejudice; the amount remaining in controversy is $20,000 or less, which is insufficient to support diversity jurisdiction; REMANDING CASE to Superior Court, Solano County for all further proceedings. Copy of remand order sent to other court. CASE CLOSED. (Waggoner, D)

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Submitted by:

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Christopher A. Carr (#44444)
[e-mail]
ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN LLP
199 South Los Robles Avenue, Suite 600
Pasadena, CA 91101
T: 626.535.1900 F: 626.577.7764

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Attorneys for Defendant
WELLS FARGO BANK, N.A.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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RANDY COLBERT,

10-CV-00747-GEB-GGH
(PROPOSED) ORDER REMANDING
ACTION

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Plaintiff,
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vs.
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WELLS FARGO HOME MORTGAGE, INC.
and DOES 1 – 10, inclusive,

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Defendants.
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Upon reading and filing the stipulation of the parties, and good cause appearing,

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IT IS ORDERED:

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1.

The Third Cause of Action in the First Amended Complaint filed in Solano County
on February 8, 2010 (Fraud) is dismissed with prejudice.

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2. The amount remaining in controversy is $20,000 or less, which is insufficient to

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support diversity jurisdiction; therefore this court lacks jurisdiction of the subject

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matter of the action.

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/////

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/////

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G:\DOCS\GEB\DGEB2\ORDERS FOR SIGNATURE\COLBERT V. WELLS
FARGO.REMAND ORDER.DOC

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(PROPOSED) ORDER REMANDING ACTION
10-CV-00747-GEB-GGH

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3. The action is remanded forthwith to the Superior Court of California, County of
Solano for all further proceedings.

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Date: 6/24/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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G:\DOCS\GEB\DGEB2\ORDERS FOR SIGNATURE\COLBERT V. WELLS
FARGO.REMAND ORDER.DOC

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(PROPOSED) ORDER REMANDING ACTION
10-CV-00747-GEB-GGH

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CERTIFICATE OF SERVICE
I, the undersigned, declare that I am over the age of 18 and am not a party to this
action. I am employed in the City of Pasadena, California; my business address is Anglin,
Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600,
Pasadena, California 91101-2459.
On the date below, I served a copy of the following document(s):

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(PROPOSED) ORDER REMANDING ACTION
on all interested parties in said case addressed as follows:

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Served via the Court’s Electronic System

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Attorneys for Plaintiff Randy Colbert
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Larry E. Lulofs
Morton, Lulofs & Wood
180 Grand Avenue, Suite 1500
Oakland, California 94612
[e-mail]
Tel:[phone] / Fax:[phone]

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BY MAIL: By placing the envelope for collection and mailing following our ordinary
business practices. I am readily familiar with the firm’s practice of collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal Service
in Pasadena, California, in sealed envelopes with postage fully thereon.

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I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. I declare that I am employed in the office of a member of the
Bar of this Court at whose direction the service was made. This declaration is executed in
Pasadena, California, on June 24, 2011.

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Christine Daniel
(Print name)

/s/ Christine Daniel
(Signature)

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61khh4bb

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G:\DOCS\GEB\DGEB2\ORDERS FOR SIGNATURE\COLBERT V. WELLS
FARGO.REMAND ORDER.DOC

CERTIFICATE OF SERVICE
10-CV-00747-GEB-GGH