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Lasalle Bank National Association As Trustee v. Lawrence C. Cristobal

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 10, 2011

LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2007-2, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-2, PLAINTIFFS,
v.
LAWRENCE C. CRISTOBAL, IMELDA M. CRISTOBAL, DEFENDANTS.

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

ORDER REMANDING CASE

Plaintiff filed this unlawful detainer proceeding in the San Joaquin County Superior Court on or about May 4, 2010. On April 18, 2011, almost a year later, Plaintiffs Lawrence and Imelda Cristobal, representing themselves in pro se, removed the action to this Court. Plaintiffs cite federal question jurisdiction as the basis for that removal.

While the Notice of Removal alludes to various federal claims, including alleged violations of the Federal Fair Debt Collection Practices Act ("FDCPA"), the Real Estate Settlement Procedures Act ("RESPA"), and the Truth in Lending Act ("TILA"), examination of the complaint itself, as attached to Plaintiffs' removal papers, shows this is nothing more than an ordinary unlawful detainer proceeding with claims sounding solely in state law. This Court consequently concludes that federal jurisdiction is lacking and remands the matter back to the originating court, the Superior Court of the State of California, County of San Joaquin (Tracy Branch) for further adjudication. The Clerk of this Court is directed to close the file.

IT IS SO ORDERED.

20110510

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