Opinion
Case No.: 12-cv-5817 PSG
03-14-2013
MARIANNE PRETSCHER-JOHNSON, Plaintiff, v. AURORA BANK FSB, et al, Defendants.
ORDER RE: QUALITY LOAN
SERVICE CORP.'S CONSENT OR
DECLINATION TO MAGISTRATE
JURISDICTION
On December 4, 2012, Defendant Quality Loan Service Corp. ("Quality") filed a "Declaration of Non-Monetary Status" pursuant to California Civil Code Section 2924l and has indicated to the court that it will not participate further in this action. "Section 2924l sets forth a type of pleading available to state court litigants who are trustees under deeds of trust." Fed. R. Civ. P. 7(a) and 12, however, govern pleadings in federal court. "Accordingly, Rule 7 and Rule 12, not [Section} 2924l, provide the proper procedural mechanisms in federal court." Because Quality cannot rely on Section 2924l in this court, it is not excused from participation in this suit.
See Docket No. 3.
MB Financial Bank, N.A. v. Trek Equipment Corp., Case No. 12-cv-4973 NC, 2012 WL 6217650, at *2 (N.D. Cal. Dec. 13, 2012).
See id.
Id.
Defendants Aurora Bank, FSB, Aurora Loan Services, Mortgage Electronic Recording Systems, and Nationstar Mortgage LLC have filed a motion to dismiss Plaintiff Marianne Pretscher-Johnson's complaint. The hearing for that motion is scheduled for March 19, 2013. Those defendants and Pretscher-Johnson have consented to this court's jurisdiction; Quality has not. Quality shall file its consent or declination to this court's jurisdiction no later than 5:00 p.m. on Friday, March 15, 2012.
See Docket No. 10.
IT IS SO ORDERED.
____________________
PAUL S. GREWAL
United States Magistrate Judge