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Title: Joseph L. Declue Sr. v. Wells Fargo Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 16, 2012

TITLE: JOSEPH L. DECLUE SR.
v.
WELLS FARGO BANK, N.A., ET AL.

The opinion of the court was delivered by: Present: Honorable Josephine Staton Tucker, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Ellen Matheson N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER (1) REMANDING CASE TO ORANGE COUNTY SUPERIOR COURT, CASE NO. 30-2012-00606029; AND (2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS (Doc. 7)

On November 2, 2012, the Court ordered Defendant Wells Fargo Bank, N.A. ("Wells Fargo") to show cause why this case should not be remanded for lack of subject-matter jurisdiction. (Doc. 6.) The Court noted that it had previously concluded that Wells Fargo is a citizen of California, and therefore, the requirement of complete diversity is not met. (Id.) Wells Fargo filed a Notice of Non-Opposition on November 13, 2012, in which Wells Fargo stated that it does not oppose a remand in this action. (Doc. 9.) Accordingly, the Court concludes that it lacks subject-matter jurisdiction, and REMANDS this case to Orange County Superior Court, Case No. 30-2012-00606029. Defendant's Motion to Dismiss is DENIED as MOOT, and the hearing set for January 11, 2013 at 2:30 p.m. is VACATED.

Initials of Preparer: enm

20121116

© 1992-2012 VersusLaw Inc.



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