Tran San v. Wells Fargo Bank NA et al
| Tran San |
| Cal Western Reconveyance Corporation, Wells Fargo Home Mortgage and Wells Fargo Bank, NA |
| 2:2021cv02733 |
| March 30, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Michael R Wilner |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 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. (mrgo) |
Filing 13
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On April 1, 2021, the Court issued an order provisionally remanding this action to the Los Angeles County Superior Court as a result of a procedural defect in the Notice of Removal. The Court stayed the order remanding the action to provide plaintiff with an opportunity to object to the remand and waive the procedural defect. Specifically, plaintiff was directed to inform the Court in writing by April 12, 2021, if plaintiff objected to the remand. To date, despite the passage of the deadline set by the Court, plaintiff has not waived the procedural defect. Accordingly, for the reasons stated in the Court's April 1, 2021 Order, this action is remanded to the Los Angeles County Superior Court, Case No. 20STCV06070. Case Terminated. Made JS-6 (mrgo)
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| Filing 12 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, NA, Wells Fargo Home Mortgage, re Transfer Pursuant to GO 21-01 DECLINED- (related case)(CV-34) #7 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #11 , Order #8 , Order #9 , Order, Set/Reset Hearing #10 served on April 5, 2021. (Shulman, Jeremy) |
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Filing 11
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Because this case was not originally removable under 1446(b)(1), the one year limitation on removal applies to this case. Accordingly, Removing Defendant's Notice of Removal is not timely under 1446(c)(1). The Court therefore concludes that the Notice of Removal is procedurally defective. See 28 U.S.C. 1446(b)(1). Accordingly, this action is remanded to Los Angeles Superior Court, Case No. 20STCV06070. The Court stays this order until April 12, 2021. If Plaintiff wishes to waive the procedural defect and, as a result, remain in federal court, he must file a Notice of Waiver of Procedural Defect no later than April 12, 2021. (See document for details) (mrgo)
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Filing 10
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 5/17/2021 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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Filing 8
SELF-REPRESENTATION ORDER by Judge Percy Anderson. (See document for details) (mrgo)
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Otis D. Wright, II, for the reasons set forth on this order. Related Case No. 2:15-cv-08870 ODW(KSx) (rn)
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| CONFORMED COPY OF COMPLAINT filed by Plaintiff Tran San in Los Angeles Superior Court on 2/18/2020, attached as Exhibit 1. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Michael R. Wilner. (jtil) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Wells Fargo Bank NA, Wells Fargo Home Mortgage. Related Case(s): 2:15-cv-08870-ODW and 2:18-cv-02331-ODW (Shulman, Jeremy) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Wells Fargo Bank NA, Wells Fargo Home Mortgage, identifying Wells Fargo & Co.; Wells Fargo Bank, N.A., Successor by merger with Wells Fargo Bank Southwest, N.A. f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB. (Shulman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Wells Fargo Bank NA, Wells Fargo Home Mortgage. (Shulman, Jeremy) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV06070 Receipt No: ACACDC-31011683 - Fee: $402, filed by Defendant Wells Fargo Home Mortgage, Wells Fargo Bank NA. (Attachments: #1 State Court Complaint) (Attorney Jeremy E Shulman added to party Wells Fargo Bank NA(pty:dft), Attorney Jeremy E Shulman added to party Wells Fargo Home Mortgage(pty:dft))(Shulman, Jeremy) |
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