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David Gregory v. Melinda Griswold

April 11, 2012

DAVID GREGORY
v.
MELINDA GRISWOLD, 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 VENTURA COUNTY SUPERIOR COURT [Docket No. 1]

This matter comes before the Court on Defendant Elizabeth Martinelli's ("Martinelli") Notice of Removal filed on February 15, 2012. For the following reasons, the Court REMANDS this action to Ventura County Superior Court.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff David Gregory who is trustee of the Gregory Family Trust ("Plaintiff") alleges that it is the owner of real property located at 451 Appian Way in Ventura, California (the "Property").*fn1 (Notice of Removal ("Notice") Ex. C ("Compl.") ¶ 2, Feb. 15, 2012, ECF No. 1.) Martinelli is a resident of the Property, and Melinda Griswold and Paul M. Griswold (collectively, the "Griswolds") were the former owners of the Property. (Compl. ¶¶ 2, 17; Notice Ex. A ("Prejudgment Claim").)

Plaintiff's Complaint alleges the following facts against Melinda and Paul Griswold. Plaintiff acquired the Property on November 30, 2011, at a foreclosure sale. (Compl. ¶ 5.) On January 6, 2012, Plaintiff served the Griswolds with a written notice that required them to vacate the Property within three days ("Three Day Notice to Quit") and deliver possession to Plaintiff. (Compl. ¶¶ 7, 9.) The Three Day Notice to Quit was posted on the Property and mailed to the Griswolds. (Compl. ¶ 8.) Pursuant to the Three Day Notice to Quit, Plaintiff was to take ...


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