LaSalle Bank National Association, as Trustee v. Cristobal et al

Filing 9

ORDER REMANDING CASE signed by Judge Morrison C. England, Jr. on 5/10/2011 ORDERING that this case is REMANDED to Superior Court of California, County of San Joaquin (Tracy Branch). Copy of remand order sent to other court. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LASALLE BANK NATIONAL
ASSOCIATION AS TRUSTEE
FOR FIRST FRANKLIN
MORTGAGE LOAN TRUST
2007-2, MORTGAGE LOAN
ASSET-BACKED CERTIFICATES,
SERIES 2007-2,

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Plaintiffs,

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No. 2:11-cv-01033-MCE-DAD

ORDER REMANDING CASE

v.
LAWRENCE C. CRISTOBAL,
IMELDA M. CRISTOBAL,

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Defendants.
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----oo0oo----

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Plaintiff filed this unlawful detainer proceeding in the

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San Joaquin County Superior Court on or about May 4, 2010.

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April 18, 2011, almost a year later, Plaintiffs Lawrence and

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Imelda Cristobal, representing themselves in pro se, removed the

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action to this Court.

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jurisdiction as the basis for that removal.

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///

Plaintiffs cite federal question

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On

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While the Notice of Removal alludes to various federal

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claims, including alleged violations of the Federal Fair Debt

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Collection Practices Act (“FDCPA”), the Real Estate Settlement

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Procedures Act (“RESPA”), and the Truth in Lending Act (“TILA”),

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examination of the complaint itself, as attached to Plaintiffs’

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removal papers, shows this is nothing more than an ordinary

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unlawful detainer proceeding with claims sounding solely in state

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law.

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is lacking and remands the matter back to the originating court,

This Court consequently concludes that federal jurisdiction

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the Superior Court of the State of California, County of

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San Joaquin (Tracy Branch) for further adjudication.

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of this Court is directed to close the file.

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The Clerk

IT IS SO ORDERED.
Dated: May 10, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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