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Batuhan v. Assurity Financial Services, LLC

United States District Court, Ninth Circuit, California, E.D. California
Sep 23, 2015
2:15-cv-1862 KJM DAD PS (E.D. Cal. Sep. 23, 2015)

Opinion


ELEANOR A. BATUHAN, Plaintiff, v. ASSURITY FINANCIAL SERVICES, LLC, et al., Defendants. No. 2:15-cv-1862 KJM DAD PS United States District Court, E.D. California. September 23, 2015

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff, Eleanor Batuhan, is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).

         Plaintiff initiated this action by filing her complaint in the Contra Costa County Superior Court. Defendant Caliber Home Loans, Inc. then removed the action to this court on September 2, 2015. (Dkt. No. 1.) However, on September 17, 2015, defendant filed with this court a petition to transfer, acknowledging that defendant mistakenly removed this action from the Contra Costa County Superior Court to this court. (Dkt. No. 3.) A review of plaintiff's complaint reveals that plaintiff, and the property at issue, reside and are located in Contra Costa County, California, and that the events at issue in this litigation took place in Contra Costa, California.

         Venue in a civil action is proper in (1) a judicial district where any defendant resides, if all defendants reside in the same State in which the district is located, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b).

         Here, the complaint alleges that the events giving rise to this action took place in Contra Costa County, California. This action, therefore, should have been removed to the United States District Court for the Northern District of California, since Contra Costa County is within the boundaries of that district. In the interests of justice, this action will be transferred to the United States District Court for the Northern District of California for further proceedings. See 28 U.S.C. § 1404(a).

         Accordingly, IT IS ORDERED that this action is transferred to the United States District Court for the Northern District of California.


Summaries of

Batuhan v. Assurity Financial Services, LLC

United States District Court, Ninth Circuit, California, E.D. California
Sep 23, 2015
2:15-cv-1862 KJM DAD PS (E.D. Cal. Sep. 23, 2015)
Case details for

Batuhan v. Assurity Financial Services, LLC

Case Details

Full title:ELEANOR A. BATUHAN, Plaintiff, v. ASSURITY FINANCIAL SERVICES, LLC, et…

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

Date published: Sep 23, 2015

Citations

2:15-cv-1862 KJM DAD PS (E.D. Cal. Sep. 23, 2015)