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The Bank of New York Mellon v. Maria Gallardo

November 7, 2012

THE BANK OF NEW YORK MELLON
v.
MARIA GALLARDO, ET AL.



The opinion of the court was delivered by: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT [Docket No. 1]

This matter is before the Court on Defendant Maria Gallardo's ("Defendant") Notice of Removal ("Notice"), filed October 31, 2012. For the following reasons, the Court REMANDS this action to the Superior Court of California for the County of Los Angeles.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant possessed real property located at 1905 Canal Avenue, Long Beach, California 90810. (Notice Ex. A ("Compl.") ¶ 4.) On October 21, 2011, Plaintiff Bank of New York Mellon ("Plaintiff") acquired title to the property in a foreclosure sale. (Compl. ¶ 5.) Despite the transfer of title, Defendant remained in possession of the subject property. (Compl. ¶ 6.) On November 10, 2011, Plaintiff served Defendant with a Three-Day Notice to Quit, demanding that Defendant and all occupants relinquish possession of the property. (Compl. ¶ 6.) Defendant failed to do so. (Compl. ¶ 8.)

On January 9, 2012, Plaintiff filed its Complaint in Los Angeles County Superior Court. The Complaint asserts a claim for unlawful detainer against Defendant. (See generally Compl.) Defendant timely removed this action to federal court, asserting removal ...


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