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Federal Home Loan Mortgage Corporation v. Francisco Egoavil et al

November 8, 2012

FEDERAL HOME LOAN MORTGAGE CORPORATION
v.
FRANCISCO EGOAVIL ET AL



The opinion of the court was delivered by: Honorable Gary Allen Feess

LINK: 7

CIVIL MINUTES - GENERAL

Present: The Honorable GARY ALLEN FEESS

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

I.

INTRODUCTION & BACKGROUND

Plaintiff Federal Home Loan Mortgage Corporation ("FHLM") filed this unlawful detainer action against Defendants Francisco Egoavil and Gloria Diaz in Los Angeles County Superior Court. (Docket No. 1, [Not. of Removal ("Not.")], Ex. A [Compl.].) Plaintiff alleges that it purchased Defendants' real property in Los Angeles, California by virtue of a lawful foreclosure sale, that Defendants refuse to quit the premises, and that Plaintiff has accrued damages since January 25, 2012. (Id. ¶¶ 8, 11.) Defendants removed the action to this Court on October 17, 2012, asserting this Court's jurisdiction pursuant to 28 U.S.C. § 1332 (diversity jurisdiction). (Not. ¶¶ 8--11.) However, for the reasons set forth below, the Court concludes that Defendants have failed to establish this Court's subject matter jurisdiction. Accordingly, the

REMANDS the case to state court.

II.

...


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