Magdai Vences Arellano v. PHH Mortgage Corporation

I. BACKGROUND

On July 23, 2019, Plaintiff Magdai Vences Arellano (“Plaintiff”) filed a complaint in the Riverside Superior Court against PHH Mortgage Corporation (“PHH”); U.S. Bank National Association, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-GEL4 (“US Bank”) (collectively, “Defendants”); and Does 1 through 10. (“Complaint,” Dkt. No 1-1.) The Complaint contains six claims under California law1 and one federal claim for violation of section 1641(g) of the Truth in Lending Act (“TILA”) (15 U.S.C. § 1641(g)). (Id.) On August 8, 2019, Defendants removed the action to this Court, arguing that the Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332. (“Notice of Removal,” Dkt. No. 1.) On August 15, 2019, Defendants filed a motion to dismiss. (“MTD,” Dkt. No. 8.) On August 26, 2019, Plaintiff filed a notice of voluntary dismissal of her only federal claim for relief. (Dkt. No. 12.) As such, no claim remains over which the Court has original subject matter jurisdiction pursuant to 28 U.S.C. § 1331.

11 Those claims are 1) violation of Cal. Civ. Code § 2923.6(c); 2) violation of Cal. Civ. Code…