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Pennymac Mortgage Investment Trust Holdings I, LLC v. Frank C. Leotti

March 7, 2012

PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC
v.
FRANK C. LEOTTI, ET AL.



The opinion of the court was delivered by: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT

This matter is before the Court on the Notice of Removal ("Notice") filed by Defendants Frank Leotti and Debra Leotti (collectively, "Defendants") on February 9, 2012. For the reasons stated herein, the Court finds that it lacks subject matter jurisdiction and REMANDS the case to Los Angeles County Superior Court.

FACTUAL AND PROCEDURAL BACKGROUND

On January 6, 2012, Plaintiff PennyMac Mortgage Investment Trust Holdings I, LLC ("Plaintiff") filed a Complaint in the Superior Court for the State of California, County of Los Angeles, naming as defendants Frank Leotii, Debra Leotti, and Does 1-10. (See generally Notice Ex. B ("Compl.").) The Complaint states a single cause of action for unlawful detainer. The Complaint sets forth the following allegations. Plaintiff purchased a piece of real property located at 1838 Calle Belleza, Rowland Heights, California 91748 (the "Property") at a trustee's sale on December 6, 2011. (Compl. ¶¶ 1, 7.) Based on this purchase, Plaintiff claims that it is the owner of the Property. (Compl. ¶ 8.) Defendants resided in the Property prior to the sale and have remained in possession of the Property after the sale. ...


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