Wells Fargo Bank NA v. Smith

Good Law
United States District Court, Northern District of CaliforniaAugust 20, 20243:24-cv-03344California1,198 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WELLS FARGO BANK NA, Case No. 3:24-cv-03344-JSC

Plaintiff,

ORDER REMANDING TO STATE

v. COURT

EQUAAN D SMITH, et al., Re: Dkt. No. 17 Defendants.

12 This case arises out of years of litigation following Plaintiff Wells Fargo’s foreclosure of a home owned by Defendants. This is the third time Defendants have removed this matter from the Alameda County Superior Court seeking to prevent the state court from ruling on a pending motion. See Case Nos. 23-3090, 23-6135. On each occasion the Court has remanded the action to state court for lack of subject matter jurisdiction. See Case No. 23-3090, Dkt. No. 29; Case No. 23-6135, Dkt. No. 30. On the last occasion, the Court ordered Defendant Robinson to show cause as to why he should not be prohibited from removing the case again. See Case No. 23-6135, Dkt. No. 30 at 5-6. The underlying Notice of Removal was filed by Defendant Smith, rather than Defendant Robinson. (Dkt. No. 1.1) On July…

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