Marvin E Linares et al v. First Mortgage Corporation et al
Filing
24
MINUTES (IN CHAMBERS) ORDER DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REMANDING by Judge Christina A. Snyder: On 5/7/2012, the mediator filed a report, stating that the parties could not reach a resolution. On 5/8/2012, plaintiffs filed several documents. First, plaintiffs substituted attorney Kaivan Harouni in place of Ana Linares. Second, plaintiffs voluntarily dismissed Hacienda and MERS pursuant to Fed. R. Civ. P. 41(a). Third, plaintiffs filed a first amended complaint (" FAC"). Finally, plaintiffs filed an application for a temporary restraining order ("TRO") 18 . The FAC asserts five claims for: (1) negligence; (2) violation of Cal. Civ. Code Section 2924f; (3) negligent violation of Cal. Civ. Code S ection 2924c; (4) violation of Cal. Bus. & Prof. Code Sections 17200 et seq.; and (5) preliminary and permanent injunction. Because plaintiffs elected not to reassert any dismissed federal claims, the Court no longer has a basis to exercise subject-m atter jurisdiction over this action. Accordingly, the TRO application is DENIED without prejudice and the case is hereby REMANDED to Los Angeles County Superior Court, Case No. BC473058. Court Reporter: Not Present. (Attachments: # 1 CV-103 Remand Transmittal Letter) (gk)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-10633 CAS (CWx)
Title
MARVIN E. LINARES, ET AL. v. FIRST MORTGAGE
CORPORATION, ET AL.
Present: The Honorable
Date
JS-6
May 8, 2012
CHRISTINA A. SNYDER
CATHERINE JEANG
Deputy Clerk
Not Present
Court Reporter / Recorder
N/A
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
I.
(In Chambers:) ORDER DENYING APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND REMANDING
CASE (filed 5/8/2012)
INTRODUCTION
Plaintiffs Marvin E. Linares and Ana R. Linares, proceeding pro se, filed the
instant action in Los Angeles County Superior Court on November 4, 2011, seeking to
prevent the foreclosure sale of their home located at 1134 W. 61st Street, Los Angeles,
CA, 90044. Among the 29 claims pled in the complaint, plaintiffs asserted three federal
claims for: (1) violation of the Truth in Lending Act, 15 U.S.C. § 1601 (“TILA”);
(2) violation of the Real Estate Settlement and Procedures Act, 12 U.S.C. § 2601
(“RESPA”), and (3) violation of the Fair Credit Reporting Act/Fair and Accurate Credit
Transactions Act, 15 U.S.C. § 1681 (“FACTA”). The action was removed to this Court
on December 22, 2011, on the basis of federal question jurisdiction.
By order dated February 6, 2012, the Court granted defendants’ Quality Loan
Service Corporation (“Quality Loan”), First Mortgage Corporation (“First Mortgage”),
Mortgage Electronic Registration Systems, Inc. (“MERS”), and Hacienda Service
Corporation (“Hacienda”) motion to dismiss plaintiffs’ TILA claim with prejudice and
plaintiffs’ RESPA and FACTA claims without prejudice. The Court declined to exercise
supplemental jurisdiction over the remaining 26 state law claims. The Court ordered the
parties to mediation and enjoined defendants from conducting a foreclosure sale for
ninety (90) days from the previously scheduled sale of February 8, 2012.
CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date
JS-6
Case No.
CV 11-10633 CAS (CWx)
May 8, 2012
Title
MARVIN E. LINARES, ET AL. v. FIRST MORTGAGE
CORPORATION, ET AL.
On May 7, 2012, the mediator filed a report, stating that the parties could not reach
a resolution. On May 8, 2012, plaintiffs filed several documents. First, plaintiffs
substituted attorney Kaivan Harouni in place of Ana Linares. Second, plaintiffs
voluntarily dismissed Hacienda and MERS pursuant to Fed. R. Civ. P. 41(a). Third,
plaintiffs filed a first amended complaint (“FAC”). Finally, plaintiffs filed an application
for a temporary restraining order (“TRO”).
The FAC asserts five claims for: (1) negligence; (2) violation of Cal. Civ. Code
§ 2924f; (3) negligent violation of Cal. Civ. Code § 2924c; (4) violation of Cal. Bus. &
Prof. Code §§ 17200 et seq.; and (5) preliminary and permanent injunction. Because
plaintiffs elected not to reassert any dismissed federal claims, the Court no longer has a
basis to exercise subject-matter jurisdiction over this action.1
Accordingly, the TRO application is DENIED without prejudice and the case is
hereby REMANDED to Los Angeles County Superior Court.
IT IS SO ORDERED.
00
Initials of Preparer
:
00
CMJ
1
Defendants removed on the basis of federal question jurisdiction. Even had
defendants asserted diversity jurisdiction in their notice of removal, complete diversity
among the parties is lacking as both plaintiffs and First Mortgage are California citizens.
CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 2 of 2
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