Mohanna et al v. OCWEN Loan Servicing, LLC et al

Filing 18

ORDER by Judge Vince Chhabria granting #15 Motion to Remand; denying #10 Motion to Dismiss and Request for Judicial Notice as moot. (vclc2, COURT STAFF) (Filed on 11/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

KEYHAN MOHANNA,

Case No. 21-cv-08043-VC

Plaintiff,
v.
OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

ORDER GRANTING MOTION TO
REMAND AND DENYING MOTION
TO DISMISS AND REQUEST FOR
JUDICIAL NOTICE AS MOOT
Re: Dkt. Nos. 10, 11, 15

The defendants have not carried their burden to show the diversity of citizenship required
under 28 U.S.C. § 1332(a)(1). At least one of the defendants—Western Progressive Trustee,
LLC—appears to be a limited liability company. The citizenship of such entities does not depend
on their place of incorporation and principal place of business but instead on the citizenship of
their members. Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir.
2006). That information was not included in the defendants’ removal documents or opposition
brief.
Even though the Rosenthal Act claim incorporates provisions of the Federal Fair Debt
Collection Practices Act, the defendants have not identified any federal issue—let alone a
contested and substantial one—that would give rise to federal question jurisdiction. See Grable
& Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308, 310, 313–14
(2005). And beyond mentioning the statute in passing, the defendants do not explain how this
case arises under Title 11 or arises in or is related to cases brought under Title 11. See 28 U.S.C.
§ 1334(b).
The case is remanded to the Superior Court of California for the County of San

Francisco. The defendants’ motion to dismiss and request for judicial notice are denied as moot.

IT IS SO ORDERED.
Dated: November 17, 2021
______________________________________
VINCE CHHABRIA
United States District Judge

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