Wells Fargo Bank, N.A. v. Lombera et al

Filing 8

ORDER by Judge Lucy H. Koh granting in part and denying in part 4 Motion to Remand; adopting Report and Recommendations as to 7 Report and Recommendations.; denying 2 Motion for Leave to Proceed in forma pauperis (Attachments: # 1 Certificate of Mailing) (lhklc2, COURT STAFF) (Filed on 5/30/2012)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13
14
15

WELLS FARGO BANK, N.A.,

)
)
Plaintiff,
)
v.
)
)
CONSUELO LOMBERA, MARIA LOMBERA, )
DOES 1-10, inclusive,
)
)
Defendants.
)
)

Case No.: 12-CV-01710-LHK
ORDER RELATING CASE, ADOPTING
REPORT AND RECOMMENDATION,
AND REMANDING CASE

16
This case is an unlawful detainer action that was referred to Magistrate Judge Howard R.
17
Lloyd. Judge Lloyd referred this case to the undersigned judge for a determination whether this
18
case is related to a previously filed case, Wells Fargo Bank N.A. v. Lombera, 11-CV-06390-LHK.
19
Judge Lloyd also made a report and recommendation that the District Judge deny Defendant Maria
20
Lombera’s application to proceed in forma pauperis, grant Plaintiff’s motion to remand this action
21
to state court, and deny Plaintiff’s motion for attorneys’ fees. See ECF Nos. 2, 4. The Magistrate
22
Judge’s Report and Recommendation was filed and served on May 10, 2012. No objections have
23
been filed, and the time to file objections has expired. See Fed. R. Civ. P. 72(b)(2).
24
First, this Court finds that this case is related to case Wells Fargo Bank, N.A. v. Lombera,
25
11-CV-06390-LHK, as defined by Civil Local Rule 3-12(a). Indeed, this is the same unlawful
26
detainer action that the Lomberas previously removed from state to federal court.
27
28
1
Case No.: 12-CV-01710-LHK
ORDER RELATING CASE; ADOPTING R&R AND REMANDING

1

Second, having reviewed the Report and Recommendation, as well as the record in this

2

case, the Court finds that the Report and Recommendation is well-founded in fact and in law and,

3

therefore, adopts the Report and Recommendation. Defendant Maria Lombera’s Application for

4

Leave to Proceed In Forma Pauperis is DENIED. Plaintiff’s motion for attorneys’ fees is

5

DENIED. Defendants are on notice that any future attempts to remove this unlawful detainer

6

action again to federal court may result in sanctions. Finally, this case is hereby REMANDED to

7

the Santa Clara County Superior Court. The Clerk shall close the file.

8

IT IS SO ORDERED.

9

Dated: May 30, 2012

United States District Court
For the Northern District of California

10

_________________________________
LUCY H. KOH
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 12-CV-01710-LHK
ORDER RELATING CASE; ADOPTING R&R AND REMANDING