Quesada et al v. Community Lending, Inc. et al

Filing 27

ORDER REGARDING 12 MOTION TO DISMISS. Signed by Judge Whyte on 05/20/09. (rmwlc2, COURT STAFF) (Filed on 5/20/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER REGARDING MOTION TO DISMISS--No. C-08-05790 RMW JAS

E-FILED on

05/20/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DAISY D. QUESADA, Plaintiff, v. COMMUNITY LENDING, INC. DBA JMAC LENDING, EMC MORTGAGE CORPORATION, QUALITY LOAN SERVICE, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., and all persons unknown, claiming, any legal or equitable right, title, estate, lien, or interest in the property described in this complaint adverse to Plaintiff's title thereto, and DOES 1 through 30, inclusive, Defendants.

No. C-08-05790 RMW

ORDER REGARDING MOTION TO DISMISS

[Re Docket No. 12]

On January 7, 2009, defendants EMC Mortgage Corporation ("EMC") and Mortgage Electronic Registration Systems, Inc. ("MERS") removed this case from Santa Clara County Superior Court. On January 9, 2009, EMC and MERS moved to dismiss the complaint for failure to state a claim. Plaintiff then filed a first amended complaint on February 3, 2009, which eliminated the claims for relief arising under federal law. See Opp. to Mot. to Dismiss 2. Plaintiff apparently anticipates moving to remand. Id.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The amended complaint no longer seeks relief under federal law. In addition, the deed of trust included as Exhibit 1 to defendants' request for judicial notice (Docket No. 12) lists "ComUnity Lending Inc." (presumably the same entity as defendant Community Lending, Inc.) as a California corporation. Because the complaint on its face does not appear to provide a basis for exercising federal-question or diversity jurisdiction, the court requests additional briefing from defendants, not to exceed five pages, setting forth any basis for continued federal jurisdiction in this case. Defendants shall file their brief by Friday, May 29, 2009. The hearing on the pending motion to dismiss is continued to Friday, June 12, 2009.

DATED:

05/20/09

RONALD M. WHYTE United States District Judge

ORDER REGARDING MOTION TO DISMISS--No. C-08-05790 RMW JAS 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: Reuben Lagbao Nocos Counsel for Defendants: John M. Sorich [e-mail] Sung-Min Christopher Yoo [e-mail] Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. r [e-mail]

Dated:

05/20/09

JAS Chambers of Judge Whyte

ORDER REGARDING MOTION TO DISMISS--No. C-08-05790 RMW JAS 3