Ansley

Ansley v. Ameriquest Mortgage Co.

Good Law

194 F. Supp. 2d 1062·2002 WL 549939

United States District Court, Central District of CaliforniaApril 9, 2002SA CV 02-12 AHS(MLGX)California1,471 words

Opinion

Stotler, J.

ORDER REMANDING CASE TO STATE COURT AND AWARDING FEES TO PLAINTIFF’S COUNSEL

I. PROCEDURAL BACKGROUND

On December 3, 2001, plaintiff filed a Complaint in the Orange County Superior Court, Case No. 01CC00220. Defendant filed a Notice of Removal on January 4, 2002, and a corrected Notice of Removal on January 16, 2002. On February 28, 2002, plaintiff filed a motion to remand and request for attorney’s fees. On March 18, 2002, defendant filed an opposition, and plaintiff filed a reply on March 25, 2002.

The matter was noticed for hearing on the Court’s April 1, 2002 calendar. The Court found the matter appropriate for resolution on the briefs without oral argument. See Local Rule 7-15 (the Court may dispense with oral argument on any matter unless otherwise required); Fed. R.Civ.P. 78. The matter was, therefore, removed from the Court’s hearing calendar, the parties were duly informed, and the motion was taken under submission.

Having considered the parties’ filings, the pleadings on file, and the relevant case law, the Court grants plaintiffs motion for remand. The Court also finds that plaintiffs request for attorney’s fees is well-taken and therefore awards fees under 28…

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