HSBC Bank USA National Association v. Serrato et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND. Signed by Judge Richard Seeborg on 7/1/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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No. C 13-1968 RS

HSBC BANK USA N.A. as trustee for
HOME EQUITY LOAN TRUST SERIES
ACE 2006-HE1,

ORDER ADOPTING REPORT AND
RECOMMENDATION TO REMAND

Plaintiff,
v.
MARK SERRATO, et. al.,
Defendants.
____________________________________/

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The United States Magistrate Judge to whom this action was initially assigned issued a

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report and recommendation that plaintiff’s motion to remand this action to the Superior Court of

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California for Alameda County be granted. See Dkt. 10. Specifically, in the Report dated June 14,

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2013, the Judge found: (1) defendants’ removal was untimely, (2) no diversity jurisdiction exists

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because the amount in controversy is less than $10,000, (3) there is no federal question jurisdiction

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as the complaint’s only claim for relief is for unlawful detainer under state law, and (4) defendants’

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argument that the Protecting Tenants at Foreclosure Act (PTFA) confers federal question

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jurisdiction fails because, although they may use the PTFA as a defense in their state law

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proceedings, such a defense does not create subject matter jurisdiction in federal court. See id. at 4

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(citing Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002)

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(discussing well-pleaded complaint rule)).
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No. 13-1968 RS
ORDER

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No party has filed objections to the Report and Recommendation, and it is adopted and
incorporated in full. The case is remanded and the Clerk is directed to close the case file.
IT IS SO ORDERED.

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Dated: 7/1/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. 13-1968 RS
ORDER