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Canterbury Lots 68, LLC v. Gloria De La Torre

February 28, 2013

CANTERBURY LOTS 68, LLC
v.
GLORIA DE LA TORRE



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

JS-6

CIVIL MINUTES - GENERAL

R. Neal for 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

Canterbury Lots 68, LLC commenced this action in state court on November 15, 2012 against Gloria De La Torre and certain fictitious defendants.*fn1 On February 1, 2013, defendant removed the action to this court.

Plaintiff alleges that it is entitled to possession of real property located in Pomona, California.*fn2

On November 8, 2012, the property was sold at a trustee's sale. The complaint states that "[p]laintiff was not the foreclosing beneficiary and perfected the Trustee's Deed Upon Sale."*fn3 After plaintiff acquired title to the property, it served defendant with a 3/90 day notice to quit.*fn4 The time to deliver possession of the property to plaintiff under the notice has expired, but De La Torre has allegedly failed to quit the premises or deliver possession of the property.*fn5

Plaintiff seeks immediate restitution and possession of the subject property, holdover damages in the amount of $75.00 per day from November 12, 2012 to the date of judgment, and costs of suit.*fn6 De La Torre asserts that she filed an answer to the complaint in state ...


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