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Hosley v. Wachovia Mortgage

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 23, 2010

DANNY HOSLEY, PLAINTIFF,
v.
WACHOVIA MORTGAGE; WORLD SAVINGS BANK, FSB; EXECUTIVE TRUSTEE SERVICES, LLC; SMR MORTGAGE & REAL ESTATE AKA ANDREWS INVESTORS GROUP MORTGAGE & REAL ESTATE; CHARON CHARMAINE PEREZ; RODNEY ANDREWS; GLEN DUNCAN; DAVID GRODON; AND DOES 1-20 INCLUSIVE, DEFENDANTS.

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

ORDER

This action arises out of a mortgage loan transaction in which Plaintiff Danny Hosley ("Plaintiff") refinanced his home in 2006. Presently before the Court is a Motion by Plaintiff to Remand this action to Superior Court, County of Sacramento.

Plaintiff initially filed suit in Superior Court alleging claims under both state and federal laws, including a cause of action for violation of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2600 et seq.

Defendant Wachovia Mortgage subsequently removed the suit to federal court, Eastern District of California, on the basis of federal question jurisdiction.

On February 25, 2010 Plaintiff filed a First Amended Complaint abandoning his federal claim under RESPA. Only Plaintiff's state law claims remain. Plaintiff subsequently filed this Motion for Remand, to which no Defendants have filed Opposition. Defendant Wachovia Mortgage has filed a Statement of Non-Opposition to Plaintiff's Motion.

With only Plaintiffs' state law claims remaining, this Court ceases to have subject matter jurisdiction over the suit. The Court declines to exercise pendent jurisdiction over the remaining state claims.

Without opposition and without a basis for jurisdiction, Plaintiff's Motion for Remand (Docket No. 25) is hereby GRANTED.*fn1

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

IT IS SO ORDERED.


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