Joy v. The Mortgage Law Firm, PLC et al

Filing 26

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JULIE JOY, Plaintiff, 12 13 14 15 16 Case No.: 15cv2735 BTM(NLS) ORDER REMANDING CASE v. THE MORTGAGE LAW FIRM, PLC, et al. Defendants. 17 18 On February 14, 2017, the Court issued an order to show cause (“OSC”) 19 requiring Defendants to demonstrate why this mortgage relief action initiated in 20 state court should not be remanded for lack of subject matter jurisdiction. (ECF 21 No. 24.) Defendants were given until February 21, 2017, to respond to the OSC. 22 See id. As of the date of this order, only Seterus, Inc. and Federal National 23 Mortgage Association have filed a response, which simply indicates they do not 24 object to remand. (ECF No. 25.) 25 The removing defendant bears the burden of establishing that removal is 26 proper, and the Court resolves all ambiguity in favor of remand to state court. 27 Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). 28 For the reasons stated in the OSC, and based on the lack of substantive response 1 15cv2735 BTM(NLS) 1 to the OSC, Defendants have failed to meet this burden. The Court therefore finds 2 it lacks subject matter jurisdiction over this action. 3 4 5 6 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 15cv2735 BTM(NLS)

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