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Wells Fargo Bank, Na v. Cabazon Band of Mission Indians; and East Valley Tourist Development Authority

October 3, 2012

WELLS FARGO BANK, NA
v.
CABAZON BAND OF MISSION INDIANS; AND EAST VALLEY TOURIST DEVELOPMENT AUTHORITY



The opinion of the court was delivered by: Present: Honorable VIRGINIA A. Phillips, U.S. District Judge

PRIORITY SEND

JS-6

CIVIL MINUTES -- GENERAL

Marva Dillard None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR

PLAINTIFFS:

ATTORNEYS PRESENT FOR

DEFENDANTS:

None None

PROCEEDINGS: MINUTE ORDER REMANDING ACTION TO THE CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF RIVERSIDE (IN CHAMBERS)

This case arises out of a loan Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") made to Defendants Cabazon Band of Mission Indians and East Valley Tourist Development Authority, secured by certain net revenues from Defendants' casino.

Compl., Ex. A to Not. of Removal (Doc. No. 1), at ¶¶ 7, 13.)

Wells Fargo filed suit against Defendants in the California Superior Court for the County of Riverside on July 31, 2012, alleging that Defendants had breached the loan contract and asserting the following three claims: (1) breach of contract; (2) injunctive relief requiring Defendants to deposit net gaming revenues into a custodial account; and (3) declaratory and injunctive relief regarding Wells Fargo's right of prior consent to restructuring of Defendants' debt with other creditors.

On August 1, 2012, Defendants removed this action from the California Superior Court for the County of Riverside (Not. of Removal (Doc. No. 1)), asserting this Court's jurisdiction pursuant to 28 U.S.C. ยง 1441(b), which allows removal of cases over "which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States." From the face of the Complaint, it appears that Wells Fargo alleges only state-law claims. Thus, the Court ordered Defendants to show cause no later than September 24, 2012, why this case should not be remanded to the Superior Court for lack of subject matter jurisdiction. (Order ("OSC") (Doc. No. 42).) ...


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