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Gonzalez v. M&T Bank

United States District Court, Ninth Circuit, California, C.D. California
Jun 19, 2015
CV 15-2811-GW(ASx) (C.D. Cal. Jun. 19, 2015)

Opinion


Celia O. Gonzalez v. M& T Bank, et al No. CV 15-2811-GW(ASx) United States District Court, C.D. California June 19, 2015

          PROCEEDINGS (IN CHAMBERS): COURT ORDER

          Honorable GEORGE H. WU, UNITED STATES DISTRICT JUDGE.

         Defendants M& T Bank and Lakeview Loan Servicing, LLC removed this action to this Court from Los Angeles County Superior Court on April 16, 2015, based upon alleged diversity jurisdiction. See Docket No. 1. On June 9, 2015, this Court issued an Order to Show Cause (" OSC") questioning the bases for diversity subject matter jurisdiction because: (1) another named defendant ( i.e. Quality Loan Service Corp.) is a California corporation and this Court has taken the position that a " Declaration of Non-Monetary Status" pursuant to California Civil Code § 2924l is insufficient to remove such a party from the diversity analysis; and (2) because defendant Lakeview is an LLC, its citizenship status is dependent upon the citizenship of its individual members and the Defendants had not set forth such information in their removal papers. See Docket No. 16. Defendants were given until June 16 to file a response to the OSC. Id.

         The removing Defendants have now filed a response indicating that " a potential that a minority member of one of the members of Lakeview Financial LLC may defeat diversity" and therefore they now request that this lawsuit be remanded back to state court. See Docket No. 17.

         Thus, for the reasons stated in the Court's OSC and as further indicated in the removing Defendants' response, this action is remanded back to state court forthwith and all previously set dates in this case are taken off-calendar.


Summaries of

Gonzalez v. M&T Bank

United States District Court, Ninth Circuit, California, C.D. California
Jun 19, 2015
CV 15-2811-GW(ASx) (C.D. Cal. Jun. 19, 2015)
Case details for

Gonzalez v. M&T Bank

Case Details

Full title:Celia O. Gonzalez v. M& T Bank, et al

Court:United States District Court, Ninth Circuit, California, C.D. California

Date published: Jun 19, 2015

Citations

CV 15-2811-GW(ASx) (C.D. Cal. Jun. 19, 2015)