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Davanne S Mccrady v. Wells Fargo Bank

November 29, 2011

DAVANNE S MCCRADY
v.
WELLS FARGO BANK, N.A., ET AL.



Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz

Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present

Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO LOS ANGELES SUPERIOR COURT

For the reasons stated herein, the Court finds that it lacks subject matter jurisdiction and REMANDS the case to Los Angeles Superior Court.

FACTUAL AND PROCEDURAL BACKGROUND

On August 30, 2011, Plaintiff Davanne S. McCrady ("Plaintiff") filed a lawsuit in Los Angeles Superior Court naming as Defendants: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC1 Asset backed Pass-Through Certificates ("Wells Fargo"); Atlantic & Pacific Foreclosure Services, LLC ("Atlantic & Pacific"); All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud on Plaintiff's Title Thereto; and Does 1-100. See generally Compl.) The Complaint attempts to state causes of action for: (1) breach of covenant of good faith and fair dealing; (2) promissory estoppel; (3) fraudulent misrepresentation; (4) unjust enrichment; ...


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