Deutsche Bank Trust Company America As Trustee v. Bradford et al

Filing 8

ORDER. Signed by Judge Richard Seeborg on 7/11/14. (cl, COURT STAFF) (Filed on 7/11/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, 13 Plaintiff, 14 15 16 17 No. C 14-2326 RS ORDER v. SYLVESTER BRADFORD, et al., Defendants. ____________________________________/ 18 This is now at least the fifth time defendant Sylvester Bradford, aka John Robinson, has 19 20 purported to remove this unlawful detainer action from Alameda County Superior Court. See Case 21 Nos. 12-4971 RS, 12-1077 RS, 13-03020 RS, and No. C 13-3564 RS.1 As explained in each prior 22 order of remand, this court lacks jurisdiction over the unlawful detainer proceedings. Bradford, 23 along with his co-defendant Darrick Sterling who joined in the ostensible removal, has now filed a 24 purported dismissal of the action under Rule 41 of the Rules of Civil Procedure. To the extent that 25 26 27 28 1 While more than one state court case number appears in the record, there is no apparent dispute that all the matters relate to the same basic attempt by the plaintiff to obtain possession of the subject real property. Additionally, it appears there may have been at least one earlier related removal attempt by Bradford. See Case No. 12-0744 CRB. 1 filing is intended to be an abandonment of the efforts to remove the unlawful detainer action, it is 2 accepted. As Bradford and Sterling are defendants, not plaintiffs, their “notice of dismissal” is 3 ineffective to terminate the underlying unlawful detainer proceeding, in the event it has not 4 otherwise been dismissed by act of the plaintiff or the state court. 5 Without holding that opening of the present case file represented an effective removal of the 6 unlawful detainer in the first instance, this order shall serve as a remand, in the event jurisdiction 7 ever vested here. The Clerk shall serve a copy of this order on the Alameda County Superior Court, 8 with reference to its case number RG 11-594233, and that court may proceed as it deems 9 appropriate. While Bradford has repeatedly been cautioned that further filings of purported notices of removal will expose him to sanctions, in light of his apparent abandonment of this matter, no 11 For the Northern District of California United States District Court 10 penalties will be imposed at this time. Bradford is again warned, however, that he must not file any 12 further notices of removal involving this unlawful detainer proceeding. 13 14 15 IT IS SO ORDERED. 16 Dated: 7/11/14 17 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT A COPY OF THIS ORDER WAS MAILED TO: 2 3 4 5 6 Sylvester Bradford 6600 Brann Street Oakland, CA 94605 Darrick Sterling 6600 Brann Oakland, CA 94605 7 8 DATED: 7/11/14 9 /s/ Chambers Staff 11 For the Northern District of California United States District Court 10 Chambers of Judge Richard Seeborg 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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