MacDula

MacDula v. Specialized Loan Services LLC

Good Law
United States District Court, Northern District of CaliforniaDecember 11, 20203:20-cv-06723California670 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HERNAN CARLO MACDULA, et al., Case No. 20-cv-06723-EMC

Plaintiffs,

ORDER GRANTING PLAINTIFFS’

v. MOTION TO REMAND

SPECIALIZED LOAN SERVICES LLC, et Docket No. 12 al., 11 Defendants. 12 13 14 Having considered the parties’ briefs and the oral argument of counsel, the Court hereby GRANTS Plaintiffs’ motion to remand. Defendant has failed to meet its burden of establishing, by a preponderance of the evidence, that there is diversity jurisdiction. See Ibarra v. Manheim Invs., Inc., 775 F.3d 1193, 1197 (9th Cir. 2015) (also noting that a defendant “cannot establish removal jurisdiction by mere speculation and conjecture, with unreasonable assumptions”). The value of the injunctive relief sought by Plaintiffs – i.e., relief from dual tracking such that their loan modification application is duly considered before Defendant goes down the path of foreclosure, see FAC ¶ 23 (asking for “injunctive relief for the material [HBOR] violation until …

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