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Golovey v. Saxon Mortgage Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 29, 2010

VLADAMIR GOLOVEY, PLAINTIFF,
v.
SAXON MORTGAGE SERVICES, INC.; BANK OF AMERICA CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND DOES 1-50, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Presently before the Court is a Motion by Defendants Saxon Mortgage Services, Inc. and Mortgage Electronic Registration Systems, Inc. ("Defendants") to Dismiss the First Amended Complaint of Plaintiff Vladimir Golovey ("Plaintiff") for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).*fn1

Plaintiff originally filed in state court alleging several violations of law in connection with his mortgage loan.

Defendants removed the suit to federal court. Plaintiff has since filed an Amended Verified Complaint, which now serves as the basis of this suit.

Plaintiff's Amended Complaint does not allege any basis for federal jurisdiction. In fact, Plaintiff alleges in Paragraph 6 of his Amended Complaint entitled "Venue and Jurisdiction" that "(v)enue is proper in the State Court as the SUBJECT PROPERTY is located within its jurisdiction, not federal Court." While allegations of violations of federal law and diversity of jurisdiction existed in the original Complaint, none exist in the Amended Complaint. Defendants did not address this issue. Notwithstanding that there are no allegations claiming federal jurisdiction in the Amended Complaint, Defendants continue to address each of Plaintiff's claims on the merits. In view of this Court lacking subject matter jurisdiction in this case, Defendants' arguments should be directed to the state court. On the Court's own motion, the case is dismissed without prejudice. In light of the Court's ruling, Defendants Motion is denied as moot.

The matter is REMANDED to the Superior Court of California, County of Sacramento. The Clerk is directed to close the case.

IT IS SO ORDERED.


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