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Cm Reo Trust v. Cordero

November 7, 2012

CM REO TRUST
v.
CORDERO, ET AL.



The opinion of the court was delivered by: 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

I. FACTUAL BACKGROUND

Plaintiff CM REO Trust commenced this action on April 12, 2012 against defendants Rachel Cordero, Eva Cordero, Anna Arreaga, and certain fictitious defendants in state court.*fn1 On September 27, 2012, defendants removed this action to this court for unlawful detainer based on federal question jurisdiction.*fn2

Plaintiff alleges that it is entitled to possession of real property located at 17571 Santa Ana Ave., Bloomington, California 92316.*fn3 On February 25, 2011, the property was sold at foreclosure. Plaintiff took title to the property and received an executed Trustee's Deed Upon Sale, which was recorded.*fn4 After plaintiff acquired title to the property, it served a written notice on defendants requiring them to quit and deliver up possession of the property within the time period set forth in the*fn5 The time to deliver possession of the property to plaintiff under the notice has expired, but defendants have failed to quit the premises or deliver possession of the property.*fn6 Plaintiff asserts that defendants continue in possession of property without its permission or consent.*fn7

Plaintiff seeks immediate restitution and possession of the property, an order directing defendants to quit and deliver possession of the property to it, holdover damages in the amount of $50.00 per day from February 25, 2011 until date of judgment, so long as defendants remain in possession of the property, an order terminating the lease under which defendants occupy the premises, and costs of suit.

Defendants filed a demurrer to the complaint on April 30, 2012, alleging that the complaint was factually insufficient and that they had not been properly served.*fn8 They also asserted that the property was purchased at the trustee's sale for more than $10,000, ...


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