Barkley v. Green Point Mortgage Funding Inc et al
Filing
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ORDER granting pltf's 6 Motion to Remand to King County Superior Court by Judge Robert S. Lasnik.(RS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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_______________________________________
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ALEX C. BARKLEY,
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Plaintiff,
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v.
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GREEN POINT MORTGAGE FUNDING,
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INC., et al.,
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Defendants.
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_______________________________________)
No. C13-1049RSL
ORDER OF REMAND
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This matter comes before the Court on plaintiff’s “Motion to Remand.” Dkt. # 6.
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Plaintiff filed this action in King County Superior Court asserting state law claims arising out of
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defendants’ efforts to foreclose on plaintiff’s home. Defendants JPMorgan Chase Bank, N.A.,
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Mortgage Electronic Registration Systems, Inc., and U.S. Bank National Association removed
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the matter to federal court based on plaintiff’s allegations regarding violations of federal law.
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Plaintiff has not, however, asserted any federal causes of action and has expressly disavowed
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any intention to seek relief under the federal statutes mentioned in the complaint.
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The question of whether a claim arises under federal law for purposes of 28 U.S.C.
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§ 1331 must be determined by reference to the complaint. Mere mention of a federal law is not
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“a password opening federal courts to any state action embracing a point of federal law.” Grable
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& Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 314 (2005). Rather, federal
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law must create the cause of action or plaintiff’s right to relief must depend on the resolution of a
ORDER OF REMAND
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substantial question of federal law. Franchise Tax Bd. v. Constr. Laborers Trust, 463 U.S. 1, 27-
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28 (1983).
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Plaintiff alleges that defendants violated the Washington Consumer Protection Act
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(“CPA”) by (a) recording and relying on documents they knew or should have known were false,
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(b) falsely designating MERS as the beneficiary of the deed of trust, (c) falsely designating U.S.
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Bank as the beneficiary of the deed of trust and in the notice of default, (d) promulgating false
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and improperly executed documents, and (e) violating state and federal laws, specifically the
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Deed of Trust Act, the Fair Debt Collection Procedures Act, the Real Estate Settlement
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Procedures Act, and the Truth in Lending Act. A finding that defendants violated federal law is
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not essential to plaintiff’s CPA claim: plaintiff alleges numerous “unfair and deceptive” acts
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that could satisfy the first element of a CPA claim, most of which are unrelated to federal law. A
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claim supported by alternative theories does not “arise under” federal law unless each of the
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theories requires resolution of a federal question. Christianson v. Colt Indus. Operating Corp.,
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486 U.S. 800, 810 (1988); Duncan v. Stuetzle, 76 F.3d 1480, 1486 (9th Cir. 1996). Defendants
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have not, therefore, shown that plaintiff’s right to relief under the CPA necessarily depends on
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resolution of a question of federal law.
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For all of the foregoing reasons, the exercise of removal jurisdiction would be
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improper in this case. Plaintiff’s motion (Dkt. # 6) is GRANTED. The Clerk of Court is
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directed to remand this matter to King County Superior Court.
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Dated this 7th day of October, 2013.
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Robert S. Lasnik
United States District Judge
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ORDER OF REMAND
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