Joy v. The Mortgage Law Firm, PLC et al
Filing
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ORDER Remanding Case. The Court Remands this action to the Superior Court of San Diego, County of San Diego. Signed by Judge Barry Ted Moskowitz on 3/3/2017.(All non-registered users served via U.S. Mail Service)(cc: Superior Court of San Diego, County of San Diego)(rlu)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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JULIE JOY,
Plaintiff,
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Case No.: 15cv2735 BTM(NLS)
ORDER REMANDING CASE
v.
THE MORTGAGE LAW FIRM,
PLC, et al.
Defendants.
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On February 14, 2017, the Court issued an order to show cause (“OSC”)
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requiring Defendants to demonstrate why this mortgage relief action initiated in
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state court should not be remanded for lack of subject matter jurisdiction. (ECF
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No. 24.) Defendants were given until February 21, 2017, to respond to the OSC.
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See id. As of the date of this order, only Seterus, Inc. and Federal National
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Mortgage Association have filed a response, which simply indicates they do not
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object to remand. (ECF No. 25.)
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The removing defendant bears the burden of establishing that removal is
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proper, and the Court resolves all ambiguity in favor of remand to state court.
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Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003).
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For the reasons stated in the OSC, and based on the lack of substantive response
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15cv2735 BTM(NLS)
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to the OSC, Defendants have failed to meet this burden. The Court therefore finds
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it lacks subject matter jurisdiction over this action.
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Therefore, the Court REMANDS this action to the Superior Court of San
Diego, County of San Diego.
IT IS SO ORDERED:
Dated: March 3, 2017
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15cv2735 BTM(NLS)
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