Wells Fargo Bank N.A v. Alvarado et al

Filing 18

ORDER by Judge Hamilton granting 4 Motion to Remand (pjhlc1, COURT STAFF) (Filed on 9/9/2014) (Additional attachment(s) added on 9/9/2014: # 1 Certificate/Proof of Service) (nahS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WELLS FARGO BANK N.A.,

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Plaintiff,
v.

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ORDER GRANTING MOTION TO
REMAND

AGUEDA ALVARADO, et al.,

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No. C 14-3529 PJH

Defendants.
_______________________________/

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For the Northern District of California

United States District Court

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Before the court is the motion of plaintiff Wells Fargo Bank N.A. as Trustee, on

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Behalf of Holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through

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Certificates, Series 2006-12 ("Wells Fargo") for an order remanding the above-entitled

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action to the Superior Court of California, County of San Mateo. Pro se defendants Agueda

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Alvarado and Hector Alvarado ("defendants") did not file an opposition to the motion within

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the time allowed under Civil Local Rule 7-3. Having read the plaintiff's papers and carefully

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considered its arguments and the relevant legal authority, the court hereby GRANTS the

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motion.

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Wells Fargo filed the complaint in this unlawful detainer action on December 11,

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2013 (San Mateo County Sup. Ct. Case No. CLJ208869), seeking recovery of premises

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located at 823 Shepard Way, Redwood City, California, which Wells Fargo allegedly

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purchased on October 24, 2014 at a trustee's sale held in compliance with California Civil

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Code § 2924. Wells Fargo asserts that notwithstanding the foreclosure sale, and service of

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a three-day Notice to Quit, defendants have continued to occupy the premises without the

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consent of Wells Fargo.

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On January 15, 2014, defendants removed the case to this court as Case No.

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C-14-0229, alleging diversity jurisdiction and federal question jurisdiction. On January 31,

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2014, Wells Fargo filed a motion to remand. On February 11, 2014, the court issued an

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order to show cause ("OSC") why the case should not be remanded for lack of subject

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matter jurisdiction. Defendants did not respond to the OSC by the deadline set by the

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court. On March 4, 2014, Magistrate Judge Maria-Elena James issued a report,

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recommending that the case be dismissed for lack of subject matter jurisdiction. See Wells

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Fargo Bank, N.A. v. Alvarado (No. C-14-0229, N.D. Cal.) Doc. 9. On March 28, 2014, the

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Hon. Jon S. Tigar issued an order adopting the report and recommendation, and

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remanding the case for lack of subject matter jurisdiction.

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On May 30, 2014, defendants removed the unlawful detainer action as an adversary

The United States Bankruptcy Court remanded the unlawful detainer action to the San

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For the Northern District of California

proceeding (No. 14-3060, N.D. Cal. (Bankr.)) to Agueda Alvarado's bankruptcy petition.

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United States District Court

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Mateo County Superior Court on July 2, 2014.

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On August 5, 2014. defendants again removed the unlawful detainer case to this

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court, alleging diversity jurisdiction and federal question jurisdiction. This is the case now

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pending. The notice of removal and attached documents appear identical in every respect

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to the documents that were filed with the first notice of removal on January 15, 2014,

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except that defendants have changed the dates on the signature pages, from January 14,

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2014, to August 5, 2014.

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For the reasons stated in the March 4, 2014 report and recommendation, which was

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adopted by the court on March 28, 2014, the court finds that this case must be

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REMANDED for lack of subject matter jurisdiction. Further, the clerk is hereby instructed to

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accept no further removals of this unlawful detainer action (San Mateo County Sup. Ct.

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Case No. CLJ208869) filed by Agueda Alvarado or Hector Alvarado, unless the filing is first

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approved by a judge of this court.

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IT IS SO ORDERED.

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Dated: September 9, 2014
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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