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Us Bank National Association v. Adria Jean Gruber et al

March 6, 2012

US BANK NATIONAL ASSOCIATION
v.
ADRIA JEAN GRUBER ET AL



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

LINKS: 1, 4, 5

CIVIL MINUTES - GENERAL

Present: The Honorable GARY ALLEN FEESS

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 & BACKGROUND

On November 18, 2011, Plaintiff U.S. Bank National Association as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2006-2 Who Acquired Title as U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust Sail 2006-2 ("U.S. Bank") filed an unlawful detainer complaint against Defendant Adria Jean Gruber in the Los Angeles County Superior Court. (Docket No. 1 [Not. of Removal], Ex. A [Compl.]) The Complaint alleges that Plaintiff purchased Defendant's real property in La Verne, California, by virtue of a lawful foreclosure sale, and that Defendant has continued to possess the premises despite being served with a 90-day notice to vacate and deliver up possession on August 3, 2011. (Compl. ¶¶ 1(b), 5--9.) Defendant demurred to Plaintiff's Complaint on December 13, 2011, arguing that the unlawful detainer notice was defective because it failed to comply with the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220. (Not., Ex. B [Demurrer] at 1.) This demurrer was overruled. (Not. ¶ 9.)

Defendant removed the action to this Court on February 8, 2012, alleging federal question jurisdiction pursuant to 28 U.S.C. § 1331, because the demurrer raises a question of federal law.

ΒΆΒΆ 6, 8, 10.) Plaintiff has moved to remand the action. (Docket No. 4.) The Court concludes that the lawsuit does not arise under federal law and hereby REMANDS the ...


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