Wells Fargo Bank, National Association et al v. Dawalt et al
| Wells Fargo Bank, National Association and Bear Stearns Mortgage Funding Trust 2007-AR5, Mortgage Pass-Through Certificates, Series 2007-AR5 |
| Dale A. Dawalt and Does 1-6 |
| 3:2018cv02030 |
| August 30, 2018 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Ruben B Brooks |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1441 nr |
| None |
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This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.
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Filing 4
ORDER Sua Sponte Remanding Action to State Court for Lack of Subject Matter Jurisdiction. Because defendant cannot establish subject matter jurisdiction, removal was improper and the Court sua sponte REMANDS this action to the San Diego Superior Court for lack of subject matter jurisdiction. See 28 U.S.C. 1447(c) ("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded"). The Court TERMINATES AS MOOT the ex parte motion. (Doc. No. 2 ). Signed by Judge Anthony J. Battaglia on 10/10/2018. Certified copy of order sent to Superior Court via U.S. mail.(All non-registered users served via U.S. Mail Service)(acc) (dsn).
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| Filing 3 NOTICE of Declination to Magistrate Judge Jurisdiction by Dale A. Dawalt (acc) |
| Filing 2 Ex Parte MOTION to Remand to State Court for an order shortening time on motion to remand nunc pro tunc and/or request sua sponte remand by Wells Fargo Bank, National Association. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Naiman, Randall) (acc). |
| Filing 1 NOTICE OF REMOVAL from Superior Court California, County of San Diego, case number 37-2017-00041261-CL-UD-CTL ( Filing fee $ 400 receipt number CAS103776), filed by Dale A. Dawalt. (Attachments: #1 civil cover sheet, #2 Ex. A, #3 State Court Complaint, #4 proof of service)The new case number is 3:18-cv-02030-AJB-RBB. Judge Anthony J. Battaglia and Magistrate Judge Ruben B. Brooks are assigned to the case.(jrm) |
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