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Wells Fargo Bank, N.A., As Trustee For Carrington Mortgage Loan Trust v. Ali Reza Amirjalaly

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 1, 2011

WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST
v.
ALI REZA AMIRJALALY

The opinion of the court was delivered by: Honorable George H. King, U. S. District Judge

CIVIL MINUTES - GENERAL

Presiding: The Honorable GEORGE H. KING, U. S. DISTRICT JUDGE

Beatrice Herrera N/A N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendant:

None None

Proceedings: (In Chambers) Order Remanding Case

On October 11, 2011, we issued an Order directing Defendant Ali Reza Amirjalaly ("Defendant") to show cause ("OSC") why the above-captioned action should not be remanded to state court based on this Court's lack of subject matter jurisdiction. We noted that the Notice of Removal ("NOR") filed by Defendant seemed to assert that we have federal question jurisdiction because Plaintiff Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust's ("Plaintiff") Complaint necessarily confronts federal claims raised in Defendant's affirmative defenses to the Complaint. We further stated that on its face, the Complaint only alleges a claim for unlawful detainer, and such a claim does not provide this Court with jurisdiction under the "well-pleaded complaint" rule. We also noted that the NOR did not provide a basis for us to exercise diversity jurisdiction over this matter. We cautioned Defendant that failure to timely respond to our OSC would be deemed Defendant's admission that this Court lacks subject matter jurisdiction. The docket reflects that no such response has been timely filed. Pursuant to our OSC, Defendant is DEEMED to have admitted that we lack subject matter jurisdiction over this case. Accordingly, this case is hereby REMANDED to the state court from which it was removed.

IT IS SO ORDERED.

20111101

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