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Federal Home Loan Mortgage Corp. v. Eddie Valencia

October 10, 2012

FEDERAL HOME LOAN MORTGAGE CORP.
v.
EDDIE VALENCIA, ET AL.



The opinion of the court was delivered by: The Honorable Margaret M. Morrow

CIVIL MINUTES - GENERAL

Present: The Honorable MARGARET M. MORROW

ANEL HUERTA N/A

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: Order Remanding Action to Los Angeles Superior Court for Lack of

Subject Matter Jurisdiction

On March 15, 2012 plaintiff Federal Home Loan Mortgage Corporation filed an unlawful detainer complaint in Los Angeles Superior Court against defendants Eddie Valencia, Analil Valencia, and certain fictitious defendants.*fn1 Defendants removed the action to this court on October 3, 2012, invoking the court's jurisdiction under 28 U.S.C. §§ 1332 and 1443(1).*fn2

I. FACTUAL BACKGROUND

The complaint alleges that plaintiff owns the property located at 10534 Amboy Avenue, Pacoima, California 91331, having purchased it at a foreclosure sale.*fn3 On March 8, 2012, plaintiff served a written notice to quit and deliver possession of the property on defendants.*fn4 It alleges that defendants continue in possession of the property without its permission or consent.*fn5 Consequently, it commenced an unlawful detainer action.

Plaintiff alleges that it is being damaged in an amount equal to the reasonable value of the use and occupancy of the property, to be determined according to proof at trial.*fn6 It also seeks restitution and possession of the premises, costs of suit, and any other relief the court deems just and proper.*fn7

II. DISCUSSION

A. Legal Standard Regarding Removal ...


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