Kensington Apartment Properties, LLC v. Loanvest IX, L.P.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KENSINGTON APARTMENT Case No. 19-cv-05749-VC

PROPERTIES, LLC,

Plaintiff, ORDER GRANTING MOTION TO

WITHDRAW REFERENCE

v. Re: Dkt. No. 1 LOANVEST IX, L.P., et al., Defendants.

Kensington’s motion to withdraw the reference to the bankruptcy court is granted.1 While the case is related to Kensington’s bankruptcy, the causes of action all arise under California law. See Notice of Removal and Complaint at 13-18, Kensington v. Loanvest IX, No. 17-4018 (Bankr. N.D. Cal. 2017), Dkt. No. 1-1; Order Denying Motion to Remand at 5, No. 17-4018, Dkt. No. 22 (explaining that the claims could have arisen outside a bankruptcy case, but that the court nonetheless had “related to” jurisdiction). The case proceeded in the bankruptcy court, and the court denied summary judgment as to Kensington’s claims for breach of contract, usury, failure to provide payoff demand statements, and money had and received. See Order on Motions for Summary Judgment, No. 17-4018, Dkt. No. 187; Order Granting Motion to Amend, No. 17- 4018, Dkt. No. 198. The case is ready to proceed to trial on these state-law claims, and…