Zapata et al v. Wells Fargo Bank, N.A. et al

Filing 52

ORDER REMANDING CASE AND DENYING MOTION FOR FEES. Motions terminated: 43 MOTION for Leave to File filed by Elaine A. Zapata, Christopher Zapata. Signed by Judge Alsup on 1/28/2014. (whalc3, COURT STAFF) (Filed on 1/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California

United States District Court

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CHRISTOPHER ZAPATA and ELAINE
ZAPATA,
No. C 13-04288 WHA
Plaintiffs,

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v.
ORDER REMANDING THIS
ACTION TO STATE COURT
AND VACATING HEARING

WELLS FARGO BANK, et al.
Defendants.
/

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After reviewing the responses by both parties to the January 24 order to show cause, this

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action is hereby REMANDED. A district court’s power to remand is discretionary when it is a

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post-removal occurrence and the original basis for federal jurisdiction is eliminated. Albingia

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Versicherungs A.G. v. Schenker International, Inc., 344 F.3d 931, 938-39 (9th Cir. 2003),

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opinion amended on other grounds, 350 F.3d 916 (9th Cir. 2003); Lande v. Lockheed Martin

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Corp., 2009 U.S. Dist. LEXIS 36880, at *13 (N.D. Cal. 2009) (Judge Ronald Whyte).

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Defendants’ removal was objectively reasonable because the original complaint alleged a
federal RICO claim. Therefore, plaintiffs’ motion for fees is DENIED. Lussier v. Dollar Tree

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Stores, Inc., 518 F.3d 1062, 1065 (9th Cir. 2008). The hearing currently scheduled for February

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6, 2014, is VACATED.

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IT IS SO ORDERED.

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Dated: January 28, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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