Fuller v. Nationstar Mortgage, LLC et al

Filing 9

ORDER by Judge Maria-Elena James denying 8 Motion to Relate Case (cdnS, COURT STAFF) (Filed on 7/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALESHIA FULLER,

Case No. 15-cv-03249-MEJ

Plaintiff,
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ORDER DENYING MOTION TO
RELATE CASES

v.
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NATIONSTAR MORTGAGE, LLC, et al.,

Re: Dkt. No. 8

Defendants.

United States District Court
Northern District of California

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On July 24, 2015, Plaintiff Aleshia Fuller filed a motion to consider whether cases should

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be related pursuant to Civil Local Rule 3-12. Dkt. No. 8. Plaintiff moves this Court for an Order

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deeming two later-filed cases, entitled Lehman XS Trust Mortgage Pass-Through Certificates,

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Series 2006-11, et al. v. Aleshia Fuller, Civil Case No. 4:15-cv-03254-VC, and REO Capital Fund

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4, LLC v. Aleshia Fuller, Civil Case No. 4:15-cv-03252-KAW, both removed on July 13, 2015,

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related to the instant action. In both cases, Fuller is the sole named Defendant. However, both

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cases assert only one cause of action for unlawful detainer. An unlawful detainer action, on its

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face, does not arise under federal law but is purely a creature of California law. Wells Fargo Bank

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v. Lapeen, 2011 WL 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley,

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2010 WL 4916578, at *2 (C.D. Cal. Nov. 22, 2010). Further, whatever Fuller intends to argue in

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response to this allegation does not give rise to removal jurisdiction. See Holmes Group v.

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Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002; see also Nguyen v. Bui, 2012 WL

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762156, at *2 (N.D. Cal. Feb. 21, 2012) (holding that affirmative defenses based upon Federal

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Truth in Lending Act and Real Estate Settlement Procedures Act do not confer federal jurisdiction

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upon state unlawful detainer claim). Thus, as it is likely both cases will be remanded by the

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presiding judges, the Court declines to relate them at this time. However, should either or both

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cases remain in this Court, Plaintiff may file a renewed motion to relate. Accordingly, Plaintiff’s

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motion is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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Dated: July 24, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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