The Bank of New York Mellon v. Bertha Barragan et al
Plaintiff: The Bank of New York Mellon and The Bank of New York, as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust
Defendant: Rosana Benavides, Rolando De Armas, Bertha Barragan, Does 1 through 10 inclusive and Javier Benavides
Case Number: 2:2019cv06949
Filed: August 9, 2019
Court: US District Court for the Central District of California
Presiding Judge: R Gary Klausner
Referring Judge: Gail J Standish
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1444
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2019 Filing 13 Receipt of remand by Los Angeles Superior Court, Chatsworth on 8/19/19 (lc)
August 15, 2019 Filing 12 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court - Chatsworth Courthouse, Case No.: 19CHUD00208. (jp)
August 15, 2019 Opinion or Order Filing 11 ORDER REMANDING CASE TO STATE COURT by Judge R. Gary Klausner that this matter be, and hereby is, REMANDED to the Superior Court of California for lack of subject matter jurisdiction. (Made JS-6 Case Terminated.) (jp)
August 15, 2019 Opinion or Order Filing 10 ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge R. Gary Klausner that the request to Proceed In Forma Pauperis #5 is hereby DENIED. IT IS RECOMMENDED by Magistrate Judge Gail J. Standish for the following reasons: (1) District Court lacks jurisdiction. (2) The Court lacks diversity jurisdiction because the complaint does not allege damages in excess of $75,000, and removing defendant has not plausibly alleged that the amount in controversy requirement has been met. 28 USC 1332(a); see Drat Cherokee Basin Operating Co., LLC v. Owens, 135 S.Ct.547, 554 (2014). The Complaint also does not state a claim "arising under the Constitution, laws, or treaties of the united States." 28 USC sec. 1331. IT IS FURTHER ORDERED that this case is hereby REMANDED to State Court. (jp)
August 15, 2019 Opinion or Order Filing 9 ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge R. Gary Klausner that the request to Proceed In Forma Pauperis #4 is hereby DENIED. IT IS RECOMMENDED by Magistrate Judge Gail J. Standish for the following reasons: (1) District Court lacks jurisdiction. (2) The Court lacks diversity jurisdiction because the complaint does not allege damages in excess of $75,000, and removing defendant has not plausibly alleged that the amount in controversy requirement has been met. 28 USC 1332(a); see Drat Cherokee Basin Operating Co., LLC v. Owens, 135 S.Ct.547, 554 (2014). The Complaint also does not state a claim "arising under the Constitution, laws, or treaties of the united States." 28 USC sec. 1331. IT IS FURTHER ORDERED that this case is hereby REMANDED to State Court. (jp)
August 15, 2019 Opinion or Order Filing 8 ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge R. Gary Klausner that the request to Proceed In Forma Pauperis #3 is hereby DENIED. IT IS RECOMMENDED by Magistrate Judge Gail J. Standish for the following reasons: (1) District Court lacks jurisdiction. (2) The Court lacks diversity jurisdiction because the complaint does not allege damages in excess of $75,000, and removing defendant has not plausibly alleged that the amount in controversy requirement has been met. 28 USC 1332(a); see Drat Cherokee Basin Operating Co., LLC v. Owens, 135 S.Ct.547, 55492014). The Complaint also does not state a claim "arising under the Constitution, laws, or treaties of the united States." 28 USC sec. 1331. IT IS FURTHER ORDERED that this case is hereby REMANDED to State Court. (jp)
August 9, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
August 9, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Gail J. Standish. (lh)
August 9, 2019 Filing 5 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Defendant Rolando De Armas. (lh)
August 9, 2019 Filing 4 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Defendant Rosana Benavides. (lh)
August 9, 2019 Filing 3 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Defendant Javier Benavides. (lh)
August 9, 2019 Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Javier Benavides, Rosana Benavides, Rolando De Armas. (lh)
August 9, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 19CHUD00208 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge R. Gary Klausner, Discovery to Magistrate Judge Gail J. Standish. Filed by Defendants Rolando De Armas, Javier Benavides, Rosana Benavides. (Attachments: #1 Civil Cover Sheet) (lh)

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Plaintiff: The Bank of New York Mellon
Represented By: Nabeel M Zuberi
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Plaintiff: The Bank of New York, as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust
Represented By: Nabeel M Zuberi
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Defendant: Rosana Benavides
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Defendant: Rolando De Armas
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Defendant: Bertha Barragan
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Defendant: Does 1 through 10 inclusive
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Defendant: Javier Benavides
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