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Deutsche Bank Nat'l Trust Co. v. Mananian

October 10, 2012

DEUTSCHE BANK NAT'L TRUST CO.
v.
MANANIAN



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

CIVIL MINUTES - GENERAL

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

I. FACTUAL BACKGROUND

On March 7, 2012, plaintiff Deutsche Bank National Trust Company filed an unlawful detainer complaint in state court against defendant Sasoon Mananian and certain fictitious defendants.*fn1 On July 12, 2012, defendant removed the action to this court, invoking the court's federal question jurisdiction under 28 U.S.C. § 1331.

Plaintiff alleges that it purchased the property located at 1408 Cleveland Road, Glendale, California 91202, at a foreclosure sale that was held in compliance with California Civil Code *fn2 Since the date of sale, defendants have allegedly remained in possession of the property without plaintiff's consent or authorization.*fn3

Plaintiff alleges that defendants claims a possessory interest in the property, but that none is entitled to protection under the Protecting Tenants at Foreclosure Act of 2009 (PTFA).*fn4 Plaintiff alleges that it has complied with the PTFA and is entitled to possession of the property. It also asserts that none of the defendants is a legitimate tenant under California law.*fn5

On January 13, 2012, plaintiff served a written notice to vacate property on defendants.*fn6 It contends that defendants have failed to provide a copy of a bona fide lease agreement and/or proof of payment.*fn7 Since the period to vacate on January 19, 2012, plaintiff asserts that it is and has been entitled to immediate possession of the property.*fn8 Nonetheless, defendants have allegedly failed and refused to surrender possession.*fn9

On July 1, 2012, defendant Mananian removed the action to federal court, asserting that plaintiff had violated the Truth in Lending and Real Estate Settlement Procedures Acts.*fn10

II. DISCUSSION

A. Legal Standard Regarding Removal ...


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