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Skyline Vista Equities, LLC v. Rio Vergini and Does 1 To 10

January 17, 2012

SKYLINE VISTA EQUITIES, LLC
v.
RIO VERGINI AND DOES 1 TO 10



The opinion of the court was delivered by: The Honorable Margaret M. Morrow

CIVIL MINUTES - GENERAL

Present: The Honorable MARGARET M. MORROW

ANEL HUERTA N/A

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: Order to Show Cause Why Action Should Not Be Remanded to State Court

I. BACKGROUND

On November 9, 2011, plaintiff Skyline Vista Equities, LLC ("Skyline") filed a complaint for unlawful detainer following a foreclosure sale, under California Code of Civil Procedure § 1161a.*fn1

The case was designated as a limited civil case, in which the amount demanded did not exceed $10,000.

Skyline alleges that it is entitled to possession of a parcel of real property located at 11673 Porter Valley Drive, Porter Ranch, California. Skyline allegedly purchased the property following a foreclosure sale, and alleges that the defendants have occupied the premises without its consent since that time.*fn2 The complaint prays for restitution and possession of the premises, damages in the amount of $133.33 per day "from [sic]*fn3 to the date of entry of the judgment, or recovery of possession of the premises," costs, and such other and further relief as the court deems just and proper.*fn4

Hines removed this action, invoking the court's federal question jurisdiction. Hines alleges that the complaint presents a federal question, as Skyline "was required to state a cause of action" under the Protecting Tenants at Foreclosure Act ("PTFA").*fn5

II. DISCUSSION

A. Federal Question ...


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