Golden West Foreclosure Service, Inc vs 3066 Market Street

Filing 11

ORDER granting 10 Stipulation to Remand Case. Signed by Judge William H. Orrick on 08/18/2014. The action is REMANDED in its entirely to the Superior Court of California, in and for the County of San Francisco. (jmdS, COURT STAFF) (Filed on 8/18/2014)

Download PDF
MELINDA HAAG (CABN 132612) 1 United States Attorney 2 THOMAS MOORE (ALBN 4305-O78T) 3 Chief, Tax Division 4 THOMAS NEWMAN (NYBN 4256178) Assistant United States Attorney 5 6 7 8 9 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7200 FAX: (415) 436-7009 Attorneys for United States of America 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 GOLDEN WEST FORECLOSURE SERVICE, ) Case No. C-14-2154-WHO ) 14 INC., a CALIFORNIA CORPORATION, ) 15 Plaintiff, ) STIPULATION TO REMAND CASE ) 16 v. ) ) 17 3066 MARKET STREET, LL, et al., ) ) 18 Defendants. ) 19 ) 20 21 The parties stipulate as follows: 22 1. Defendant, the United States, removed this case from the Superior Court of California on 23 May 9, 2014, as case number CGC-14-538585. 24 2. The facts contained in this stipulation are not intended to be binding, except that 25 defendant the United States disclaims an interest in the proceeds from the sale of real property that was 26 sold and is the subject of this action. 27 3. Because this case involves property that the IRS may claim an interest, the United States 28 removed the case from state court as there was a federal claim related to the federal tax lien on the STIPULATION C-14-2154-WHO 30 1 1 subject property. The action was removed by defendant the United States of America pursuant to 28 2 U.S.C. §§ 1442(a)(1) and 1444. 3 4. Since the removal was filed, counsel for the United States has discussed this action with 4 plaintiffs’ counsel. The United States’ claim to the proceeds from the real property sale is the sole basis 5 for federal jurisdiction. In addition, it appears as though there may be significant or numerous state law 6 issues and the United States hereby disclaims an interest in the property at issue in this case. For that 7 reason, it the state law issues are more predominant and the there is no federal issue that would permit 8 federal jurisdiction over this case. 9 5. Based on the foregoing, the parties agree that this case should be remanded the County of 10 San Francisco Superior Court, and any pending hearing in this Court should be vacated. DATED: August 15, 2014 Respectfully submitted, 11 MELINDA HAAG United States Attorney ________/s/__________________ THOMAS M. NEWMAN Assistant United States Attorney Tax Division 12 13 14 15 ______/s/_______________________ CHERYL ROUSE Attorney for Plaintiff GOLDEN WEST FORECLOSURE SERVICE, INC. 16 17 18 ORDER 19 20 Based on the parties’ stipulation, the Court finds that the issues in this case arise predominantly 21 under state law. A district court may decline to exercise supplemental jurisdiction where “the district 22 court has dismissed all claims over which it has original jurisdiction.” See 28 U.S.C. § 1367(c)(3); see 23 also Bryant v. Adventist Health System/West, 289 F. 3d 1162, 1169 (9th Cir. 2002) (holding where 24 district court grants judgment on federal claims, district court, pursuant to § 1367(c)(3), may properly 25 decline to exercise supplemental jurisdiction over remaining state law claims). Further, a district court 26 may decline to exercise supplemental jurisdiction over claims that “substantially predominate[ ] over the 27 claim or claims over which the district court has original jurisdiction.” See 28 U.S.C. § 1367(c)(2). The 28 Court DECLINES to exercise supplemental jurisdiction over the remaining state law claims. STIPULATION C-14-2154-WHO 30 2 1 Accordingly, the above-titled action is hereby REMANDED in its entirely to the Superior Court 2 of California, in and for the County of San Francisco, and the Clerk is DIRECTED to transfer forthwith 3 the instant order, at the following address: Clerk, Superior Court of California 4 County of San Francisco 400 McAllister St. 5 San Francisco, CA 94102-4515 6 IT IS SO ORDERED. 7 8 DATED: August 18, 2014 9 _________________________________________ THE HONORABLE WILLIAM H. ORRICK United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION C-14-2154-WHO 30 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?