(PS) Nieto v. Caliber Home Loans, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE NIETO, JR., Case No. 2:20-cv-00422-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT THIS MATTER BE REMANDED FOR

v. LACK OF SUBJECT MATTER

JURISDICTION

CALIBER HOME LOANS, INC., et al.,

Defendants. 16 Plaintiff commenced this action in the Superior Court of the State of California for the County of San Joaquin. ECF No. 1. Defendants Caliber Home Loans, Inc. (“Caliber”) and U.S. Bank Trust, N.A. (“U.S. Bank”), the latter in its capacity as trustee for LSF9 Master Participation Trust, removed the case to this court, invoking diversity jurisdiction under 28 U.S.C. § 1332(a). Id. at 2-5. The notice of removal states that defendant MTC Financial, Inc. (“MTC”) is a nominal party that should not be considered in assessing diversity jurisdiction; the notice states that MTC filed a declaration of non-monetary status under California Civil Code § 2924l. Id. at 3-4. On August 10, 2022, I ordered…