Aurora Loan Services, LLC v. Gutierrez et al

Filing 14

ORDER GRANTING PLAINTIFF'S 4 , 11 MOTIONS TO REMAND AND DENYING AS MOOT DEFENDANT MENDOZA'S 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 1/20/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AURORA LOAN SERVICES, LLC,

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Plaintiff,

United States District Court
For the Northern District of California

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ORDER GRANTING
PLAINTIFF'S
MOTIONS TO REMAND
AND DENYING AS
MOOT DEFENDANT
MENDOZA'S REQUEST
TO PROCEED IN
FORMA PAUPERIS
(Docket Nos. 3, 4
and 11)

v.
ARTURO GUTIERREZ; CRISTINA
GUTIERREZ; and DOES 1-5,
Defendants.

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No. C 11-05288 CW

________________________________/

This case is an unlawful detainer action that was originally
filed in Solano County on June 15, 2011.

On June 23, 2011,

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Guadalupe Mendoza, an alleged tenant, answered the complaint.
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After Mendoza removed the action to federal court, citing grounds

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based on diversity, Plaintiff filed a motion to remand and served

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the motion on Mendoza.

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the undersigned, and Plaintiff renoticed the motion.

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No. 11.

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Docket No. 4.

The case was reassigned to
Docket

Remand of this action to the Solano County Superior Court is
warranted.

Mendoza has failed to oppose the motion for remand.

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Furthermore, the notice of removal appears to be procedurally
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defective.

Pursuant to 28 U.S.C. § 1446(a), a defendant or

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defendants seeking removal of any civil action must file a signed

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notice of removal "containing a short and plain statement of the

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grounds for removal."

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In a case involving multiple defendants,

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"all defendants must join in a removal petition."

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Vishay Intertechnology, Inc., 584 F.3d 1208, 1224 (9th Cir. 2009)

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(internal alterations omitted).

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indication in the notice of removal or elsewhere in the docket

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that Defendants Arturo and Cristina Gutierrez have joined the

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Proctor v.

Here, however, there is no

request for removal.

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Plaintiff's motions to remand the case are granted.

Docket

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Nos. 4 and 11.

Mendoza's application to proceed in forma pauperis

United States District Court
For the Northern District of California

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is moot and, thus, denied without prejudice.

Docket No. 3.

The

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clerk is directed to remand the file to the Solano County Superior

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Court.

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IT IS SO ORDERED.
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Dated: 1/20/2012

CLAUDIA WILKEN
United States District Judge

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