Rodriguez v. Bank of America et al

Filing 11

ORDER TRANSFERRING CASE TO SAN JOSE DIVISION. Signed by Judge Beeler on 9/6/11. (lblc2, COURT STAFF) (Filed on 9/6/2011) (Additional attachment(s) added on 9/6/2011: # 1 Certificate/Proof of Service) (ls, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 Oakland Division JUAN RODRIGUEZ, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-03839 LB Plaintiff, v. ORDER TRANSFERRING CASE TO SAN JOSE DIVISION 13 BANK OF AMERICA, et al., 14 15 Defendants. _____________________________________/ 16 On August 3, 2011, Plaintiff, who is pro se, filed a complaint asserting claims for quiet title, 17 injunctive relief, and declaratory relief. Complaint, ECF No. 1.1 All of Plaintiff's claims concern a 18 mortgage for real property located at 1075 S. 12th Street, San Jose, California 95112. Id. at 2, ¶ 7. 19 Under Civil Local Rule 3-2(c), a “civil action arises in the county in which a substantial part of 20 the events or omissions which give rise to the claim occurred or in which a substantial part of the 21 property that is the subject of the action is situated.” Furthermore, a civil action may be transferred 22 upon motion of the parties or by the court if (1) the action was not assigned to the proper division or 23 (2) if the convenience of the parties and witnesses or the interests of justice will be served by 24 transferring it. Civil L.R. 3-2(h). 25 The property that is the subject of this suit is located in Santa Clara County. See generally, 26 27 1 28 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page number at the top of the document, not the pages at the bottom. C 11-03839 LB ORDER TRANSFERRING CASE 1 Complaint, ECF No. 1. Moreover, this action does not fall within the categories of cases subject to 2 district-wide assignment. Civ. L.R. 3-2(c). As a result, this case shall be reassigned to the San Jose 3 Division. 4 5 IT IS SO ORDERED. Dated: September 6, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 11-03839 LB ORDER TRANSFERRING CASE 2

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