GMAC Mortgage LLC v. Lopez

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING ACTION TO STATE COURT. Signed by Judge Jeffrey S. White on 1/5/12. (jjoS, COURT STAFF) (Filed on 1/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GMAC MORTGAGE LLC,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-05475 JSW

v.
MIGUEL LOPEZ,
Defendant.
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ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REMANDING ACTION TO
STATE COURT

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On November 10, 2011, Defendant Miguel Lopez removed this unlawful detainer action

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from Solano County Superior Court. However, an unlawful detainer action does not arise under

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federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL

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2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578,

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at *2 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should

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be remanded to state court.

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This matter was pending before Magistrate Judge Maria-Elena James who set out the

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jurisdictional standard and an order requiring Defendant Miguel Lopez to appear to show cause

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in writing why this case should not be remanded to the Solano County Superior Court. Having

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received no response and, facing reassignment to the undersigned, Magistrate James set out a

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Report and Recommendation (“Report”) finding that jurisdiction was lacking and

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recommending the case be remanded. The Court has not received any objections to the Report.

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The Court has reviewed Magistrate Judge James’ Report and finds it correct, well-

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reasoned and thorough, and adopts it in every respect. Accordingly, this case is REMANDED

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to the Solano County Superior Court.

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IT IS SO ORDERED.

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Dated: January 5, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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GMAC MORTGAGE LLC,

Case Number: CV11-05475 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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MIGUEL LOPEZ et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on January 6, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Miguel Lopez
1900 Dailey Court
18 Dixon, CA 95620
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20 Dated: January 6, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk