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Title Federal National Mortgage Association v. Carlos Perez et al.

March 14, 2013

TITLE FEDERAL NATIONAL MORTGAGE ASSOCIATION
v.
CARLOS PEREZ ET AL.



The opinion of the court was delivered by: The 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 Federal National Mortgage Association ("FNMA") filed this unlawful detainer action in Los Angeles Superior Court against defendants Carlos Perez, Grisha M. Alvarado, and certain fictitious defendants on December 3, 2012.*fn1 Defendants Perez and Alvarado are allegedly holdover occupants of real property located in Pomona, California ("the property").*fn2

Defendants or their predecessors in interest allegedly defaulted under the terms of a deed of trust that was secured by the property.*fn3 The property was allegedly sold under the power of sale contained in the deed of trust, and the sale was allegedly conducted in compliance with California Civil Code § 2924.*fn4 FNMA allegedly purchased the property. A trustee's deed upon sale was thereafter recorded in the Los Angeles County Recorder's Office, perfecting FNMA's title to the property.*fn5

On or about November 6, 2012, FNMA served a written notice to quit and deliver possession of the property on defendants pursuant to California Code of Civil Procedure § 1161(a).*fn6 It alleges that defendants have failed to deliver possession and remain at the property.*fn7

FNMA seeks restitution of the property, damages in an amount to be determined, calculated at a daily rate to be proved at trial, from November 28, 2012 until the date judgment is entered, and costs of suit.*fn8 Perez filed a notice of removal on February 14, 2013 invoking several bases for jurisdiction.*fn9

II. DISCUSSION

A. Legal Standard Regarding Removal ...


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