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Bac Home Loans Servicing, Lp v. Marchell Henry and Does I Through X

February 29, 2012

BAC HOME LOANS SERVICING, LP
v.
MARCHELL HENRY AND DOES I THROUGH X, INCLUSIVE



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[6]

I. FACTUAL BACKGROUND

Plaintiff BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing, LP ("BAC") filed this unlawful detainer action in Los Angeles Superior Court against defendant Marchell Henry and certain fictitious defendants on April 25, 2011.*fn1 Henry allegedly is the former owner of real property located at 6036 South Croft Avenue, Los Angeles, California, 90056 ("the property").*fn2 On February 11, 2011, the property was purportedly sold to BAC at a foreclosure sale pursuant to a power of sale clause contained in a deed of trust executed by Henry in September 2005.*fn3 A trustee's deed upon sale reflecting the sale to BAC has been recorded in Los Angeles County.*fn4

On March 17, 2011, BAC allegedly served a notice to quit on Henry requiring him to vacate the property within three days, and requiring any tenant to vacate within thirty or ninety days.*fn5 The notice was purportedly served by mailing a copy to Henry and posting a copy on the premises.*fn6 BAC asserts that although more than three days have passed, Henry remains in possession of the property without its permission or consent.*fn7 BAC seeks possession of the property, damages in the amount of $149.72 per day (allegedly the reasonable daily rental value) for each day from March 22, 2011 to the date of judgment, and costs of suit.*fn8

Henry removed the case on October 18, 2011, invoking federal question jurisdiction under 28 U.S.C. § 1331.*fn9 BAC filed a motion to remand the case to Los Angeles Superior Court on December 13, 2011, asserting that the case does not fall within diversity or federal question jurisdiction, and that the removal was untimely.*fn10 Henry 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 March 5, 2012. For the ...


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