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Dizadji v. Deutsche Bank National Trust Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 2, 2010

FERIDON N. DIZADJI, PLAINTIFF,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, SUN TRUST MORTGAGE, INC., AND DOES 1 TO 100 INCLUSIVE, DEFENDANTS.

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

ORDER

This matter is before the court on the motions of defendants Deutsche Bank National Trust Company and SunTrust Mortgage, Inc. to dismiss plaintiff Feridon N. Dizadji's ("plaintiff") complaint pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6). Jurisdiction is a threshold inquiry before the adjudication of any case before the court. See Morongo Band of Mission Indians v. Cal. State Bd. of Equalization, 858 F.2d 1376, 1380 (9th Cir. 1988). The court has reviewed defendants' notice of removal to the United States District Court for the Eastern District of California under 28 U.S.C. § 1441(b) based on federal question jurisdiction. The court finds that the underlying complaint, alleging causes of action for (1) rescission or reformation of contract, (2) fraud, (3) specific performance, (4) wrongful foreclosure, (5) wrongful eviction, (6) quiet title, and (7) civil conspiracy, does not present a federal question and is therefore improperly before this court.*fn1 Accordingly, the court REMANDS this action back to the Superior Court of California, County of Solano.

IT IS SO ORDERED.


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