Ghazaryan

Ghazaryan v. Wells Fargo Bank, N.A.

Good Law
42 F. Supp. 3d 1341·2014 WL 4386167·2014 U.S. Dist. LEXIS 117634
United States District Court, Central District of CaliforniaAugust 22, 2014Case No. SACV 14-0657 AG (AJWx)California538 words

Opinion

Lead Opinion

Guilford, J.

ORDER GRANTING MOTION TO REMAND

Plaintiff Geghuhi Ghazaryan filed this case in state court, primarily seeking state court relief on state law claims, but also *1342 asserting one federal claim. The case was removed by defendant Wells Fargo Dealer Services, A Division of Wells Fargo Bank, N.A. (“Defendant”) based only on federal question jurisdiction. This Court now ORDERS that the case be remanded back to the state court.

Plaintiff, “reifying] upon Defendant’s assertion of federal question” and desiring to have her state court claims decided by the state court, decided to give up her federal claim. Thus, she filed her First Amended Complaint without the federal claim and then filed an Ex Parte Application for Remand and for Fees Under 28 U.S.C. § 1447 (c). The Court concluded that-relief on an ex parte basis was not appropriate, and set a briefing schedule. An opposition and reply have been filed.

Defendant now argues that this Court has diversity jurisdiction, a ground for jurisdiction not raised in Defendant’s Notice of Removal. Defendant essentially requests that the Court allow Defendant to amend its Notice of Removal to state a fact clearly known at the time of removal.…

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