Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Philip W Fischer v. Gmac Mortgage LLC et al

June 27, 2012

PHILIP W FISCHER
v.
GMAC MORTGAGE LLC ET AL



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

CIVIL MINUTES - GENERAL

LINKS: 5, 14

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

On March 27, 2012, Plaintiff Philip W. Fischer filed a civil complaint against Defendants GMAC Mortgage, LLC, Executive Trustee Services, LLC, Foremost Insurance Company, and National Union Fire Insurance Company in Los Angeles County Superior Court. (Docket No. 1, Notice of Removal [Not.], Ex. A [Compl.].) The complaint alleges that Defendants acted in a common plan and scheme to obtain title and possession of Plaintiff's home by wrongful threats of foreclosure, and additionally to charge Plaintiff insurance premiums for non-existent policies. ¶¶ 2-3.)

Defendants GMAC Mortgage, LLC, and Executive Trustee Services, LLC, removed the action to this Court on May 3, 2012, invoking federal question jurisdiction pursuant to 28 U.S.C. § 1331. (Not. ¶¶ 1-6.) On May 8, 2012, Defendants filed a partial motion to dismiss Plaintiff's complaint. (Docket No. 5.) Plaintiff subsequently filed a motion to remand the case back to state court on May 29, 2012. (Docket No. 14.) Because the Court concludes that the state law claims contained in the complaint do not raise substantial federal questions, the motion to remand is GRANTED and the action is REMANDED to Los Angeles County Superior Court. Accordingly, Defendants' motion to dismiss is DENIED as moot.

II.

BACKGROUND

Plaintiff is a United States Naval Reservist who obtained a mortgage from Defendant GMAC Mortgage on December 21, 2005. (Compl. ¶¶ 22-23.) While Plaintiff was gainfully employed for several years following the mortgage execution, from June 2009 to June 2011 Plaintiff was unemployed and served as a Naval Reservist and consequently struggled to make his monthly mortgage payments. (Id. ¶ 23.) Plaintiff's complaint alleges extensive violations of California state laws surrounding Defendants' actions leading up to and during the foreclosure proceedings. (Id. ¶¶ 61-71.) Additionally, Plaintiff contends that Defendants violated state law by wrongfully charging him a premium on an insurance ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.