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Canterbury Lots 68 LLC v. Timothy Durrell et al

January 23, 2011

CANTERBURY LOTS 68 LLC
v.
TIMOTHY DURRELL ET AL



The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

LINKS: 1, 3

Present: The Honorable GARY ALLEN FEESS

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

I.

INTRODUCTION & BACKGROUND

On August 23, 2011, Plaintiff Canterbury Lots-68, LLC ("Canterbury Lots") filed an unlawful detainer complaint against Defendant Timothy Durrell in Los Angeles County Superior Court. (Docket No. 1 [Not.] Ex. A [Compl.].) The Complaint alleges that Plaintiff purchased Defendants' real property in Santa Clarita, California, via a lawful foreclosure sale on August 16, 2011, and that Defendant has continued to possess the premises despite Plaintiff's Notice to Quit, in violation of Cal. Code Civ. Proc. section 1161a. (Id. ¶¶ 5--9.) Defendant alleges that he filed a demurrer in state court, arguing that the unlawful detainer notice was defective because it failed to comply with the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220. (Not. ¶ 8.) This demurrer was overruled. (Not. ¶ 9.)

Defendant removed the action to this Court on December 2, 2011, alleging federal question jurisdiction pursuant to 28 U.S.C. § 1331, on the basis that the demurrer raises a question of federal law. (Id. ¶ 6, 8, 10.) The Court concludes that the lawsuit does not arise under federal law and hereby REMANDS the case for lack of subject matter jurisdiction.

II.

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