Iniguez et al v. Vantium Capital Inc et al

Filing 55

ORDER GRANTING MOTION TO REMAND by Judge William Alsup [granting 23 Motion to Remand; finding as moot 18 Motion to Dismiss; finding as moot 19 Motion to Dismiss; finding as moot 20 Motion to Dismiss\. (whasec, COURT STAFF) (Filed on 4/1/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 STEWART INIGUEZ and SHERRILL INIGUEZ, 12 Plaintiffs, 13 14 15 16 17 18 19 20 21 No. C 13-00037 WHA v. ORDER GRANTING MOTION TO REMAND VANTIUM CAPITAL, INC. a/k/a ACQURA LOAN SERVICES, ALSO AS ATTORNEYIN-FACT FOR CASTLE PEAK 2010-1 LOAN TRUST; CITIMORTGAGE INC.; MORTGAGE MASTER, INC. d/b/a MORTGAGE MASTER PACIFIC; FIRST AMERICAN TITLE COMPANY; QUALITY LOAN SERVICE CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and DOES 1–100 INCLUSIVE, Defendants. / In this foreclosure action, plaintiffs Stewart and Sherrill Iniguez commenced the present 22 action in Sonoma County Superior Court. Following defendants’ removal of the action to 23 federal court in January 2013, plaintiffs filed a motion to remand. A prior order on the motion to 24 remand found that the parties were not diverse (Dkt. No. 49). With regard to federal-question 25 jurisdiction, plaintiffs’ complaint made several ambiguous references to federal law, although 26 the complaint contained only state law claims for relief. The order provided that plaintiffs would 27 be allowed one week to “dismiss all federal claims with prejudice in an unambiguous pleading 28 and limit the relief sought to state law claims,” after which the court would remand the case. 1 Plaintiffs have now timely filed a first amended complaint which contains no reference 2 to federal law and, therefore, complies with the order regarding remand (Dkt. No. 52). 3 Accordingly, and pursuant to the order regarding remand, plaintiffs’ motion to remand is hereby 4 GRANTED and defendants’ motions to dismiss are DENIED AS MOOT. The Clerk shall remand 5 this action to the Superior Court of California, County of Sonoma. 6 7 IT IS SO ORDERED. 8 9 Dated: April 1, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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