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Deutsche Bank National Trust Company v. Juanito Maramba et al.

January 19, 2012

DEUTSCHE BANK NATIONAL TRUST COMPANY
v.
JUANITO MARAMBA ET AL.



The opinion of the court was delivered by: Present: The Honorable Gary Allen Feess

LINKS: 4, 5, 6, 7

CIVIL MINUTES - GENERAL

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

I.

INTRODUCTION AND BACKGROUND

On June 21, 2011, Plaintiff Deutsche Bank National Trust Company filed an unlawful detainer action against Defendants Juanito and Ester Maramba in Los Angeles Superior Court. (Docket No. 1, Not., Ex. A [Compl.].) Plaintiff alleged that it purchased Defendants' former real property in West Covina, California on January 26, 2011 at a non-judicial foreclosure sale, but that Defendants refuse to quit the premises. (Id. ¶¶ 1--7.) Defendants demurred to the complaint, and then filed an answer after that demurrer was overruled. (Not., Ex. A [Demurrer]; [Notice of Ruling Regarding Demurrer]; [Ans.].) On October 27, 2011, Defendants removed the case to this Court, alleging that the Court had subject matter jurisdiction under three separate statutes:

28 U.S.C. §§ 1331, 1332, and 1443.*fn1 (Not. at 2--3.)

On November 11 and December 5, 2011 this Court issued orders to show cause ("OSC") requiring Defendants to demonstrate that the Court had subject matter jurisdiction over the instant case. (Docket Nos. 4, 6.) The Court is now in receipt of Defendants' response to the second of these OSCs. (Docket No. 7, Opp.) For the reasons set forth below, Defendants' response to the Court's 12/5/11 OSC still fails to correct the defective allegations of subject matter jurisdiction that this Court has previously outlined. Accordingly, the Court REMANDS this case back to Los Angeles Superior Court.

II.

DISCUSSION

LEGAL ...


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