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Aurora Loan Services, LLC v. Laura Palacios

February 8, 2012

AURORA LOAN SERVICES, LLC
v.
LAURA PALACIOS, AND DOES 1-5



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:

N/A N/A

Proceedings: Order Granting Plaintiff's Motion to Remand Action to Los Angeles Superior Court for Lack of Subject Matter Jurisdiction[4]

I. FACTUAL BACKGROUND

Plaintiff Aurora Loan Services, LLC ("Aurora") filed this unlawful detainer action in Los Angeles Superior Court against defendant Laura Palacios and certain fictitious defendants on June 22,*fn1 Palacios is the former owner of real property located at 6534 Ben Avenue, North Hollywood, California 91606 ("the property").*fn2 On June 6, 2011, the property was sold to Aurora at a foreclosure sale held pursuant to a deed of trust Palacios executed on or about January 2, 2006.*fn3 A Trustee's Deed upon Sale reflecting the sale to Aurora has been recorded in Los Angeles County.*fn4

On June 17, 2011, Aurora allegedly served a written notice on Palacios requiring her to vacate and deliver possession of the property to Aurora within three days.*fn5 Aurora asserts that Palacios refused to surrender possession of the property and that she continues in possession of it without Aurora's permission or consent.*fn6 It seeks possession of the property, as well as damages in the amount of $50.00 for each day from June 21, 2011 to the date of entry of judgment.*fn7

Palacios first attempted to remove the case on October 3, 2011, filing a notice of removal and a request to proceed in forma pauperis.*fn8 Her request was denied by Judge Audrey Collins, who noted that there were procedural defects in the removal, that subject matter jurisdiction was lacking, and that "much of the narrative in the memorandum purporting to explain the removal is unintelligible."*fn9 On October 21, 2011, Palacios filed a second notice of removal, identical to the first.

Aurora moved to remand the action to Los Angeles Superior Court on November 21, 2011.*fn10

Palacios has not opposed the motion. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds the matter appropriate for decision without oral argument and vacates the hearing scheduled for January 13, 2012. As noted by Judge Collins, the removal is ...


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