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Jose R. Herrera and Marie L. Herrera v. Union Fidelity Mortgage

August 31, 2011

JOSE R. HERRERA AND MARIE L. HERRERA, PLAINTIFFS,
v.
UNION FIDELITY MORTGAGE, INC.; CAL
WIDE MORTGAGE; CAL WESTERN RECONVEYANCE CORPORATION;
CITIBANK, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; AND EMC MORTGAGE CORPORATION; DEFENDANTS.



United States District Court For the Northern District of California

ORDER GRANTING PLAINTIFFS' MOTION TO REMAND

I. INTRODUCTION

Before the Court is a motion to remand this action to state 20 court filed by Plaintiffs Jose R. Herrera and Marie L. Herrera 21 ("Plaintiffs"). ECF No. 10 ("Mot."). Former Defendant Aurora Loan 22 Services, LLC ("Aurora") filed an Opposition, which no other 23 Defendants joined. ECF No. 13 ("Opp'n"). For the following 24 reasons, the Court GRANTS Plaintiffs' Motion. 25 26

II. BACKGROUND

On February 17, 2011, Plaintiffs commenced this action in the Superior Court of California for the County of Alameda, bringing nineteen state law claims relating to the origination and servicing 2 of a mortgage on their Hayward, California home and the subsequent 3 attempts to foreclose upon this home. ECF No. 1 ("Notice of Removal") Ex. A ("Compl."). Named in the Complaint as one of eight 5 defendants was Aurora, although the body of Plaintiffs' Complaint 6 included no specific references to Aurora. Id. 7

8 citing 28 U.S.C. § 1331 as the basis for removal. See Notice of 9

On March 28, 2011, Aurora removed the action to federal court,

Removal. Specifically, Aurora alleged that Plaintiffs' claims of 10 negligence and violation of section 17200 of California's Business and Professions Code ("section 17200 claim") are partially premised 12 on violations of federal law. Id. In Plaintiffs' pleading of 13 their negligence claim, they allege violation of the Truth-in-14

Plaintiffs' pleading of their section 17200 claim, they allege 16 violations of TILA, the Real Estate Settlement Procedures Act Code. Compl. ¶¶ 164, 167. 19

20 that Aurora did not service Plaintiffs' loan and noting that 21

Plaintiffs failed to make any specific allegations against Aurora, 22 let alone mention the name "Aurora," in the body of their Complaint. ECF No. 4. On May 3, 2011, Plaintiffs filed the 24 instant Motion to remand this action to state court; in it, 25

U.S.C. § 1447(c). See Mot. On May 13, 2011, Aurora filed its 27

26, 2011, Plaintiffs voluntarily dismissed Aurora ...


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