Tara Maves v. First Horizon Home Loans

Good Law
461 F. App'x 636
United States Court of Appeals for the Ninth CircuitDecember 15, 201110-17230California430 words

Opinion

Opinion

MEMORANDUM

Tara Maves appeals the district court’s order dismissing her claims against First Horizon Home Loans (“First Horizon”) and Quality Loan Service Corporation (“Quality Loan”) (collectively, “Defendants”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

Maves first challenges the district court’s denial of her motion to remand. We review de novo a district court’s denial of a motion to remand for lack of jurisdiction. Chapman v. Deutsche Bank Nat’l Trust Co., 651 F.3d 1039, 1043 (9th Cir.2011). Because there is no parallel litigation in this instance, the district court did not lack jurisdiction under the prior exclusive jurisdiction doctrine. See id. at 1043-44 (recognizing that the prior exclusive jurisdiction doctrine applies where there is parallel state and federal litigation involving the same res). Upon removal, the district court properly exercised its diversity jurisdiction.

Maves next challenges (1) the district court’s refusal to certify what she claims are important questions of state law to the Nevada Supreme Court; and (2) the district court’s failure to hold a hearing on Defendants’ request for judicial notice of two publicly-recorded…

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