Samson

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARILOU SAMSON, Case No. 20-cv-07714-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND AND GRANTING

MOTIONS TO DISMISS

SELECT PORTFOLIO SERVICING, INC.,

et al., Re: Dkt. Nos. 11, 14, 19 Defendants.

This order addresses three motions: Samson’s motion to remand, J.P. Morgan Chase’s (Chase’s) motion to dismiss, and Quality Loan Service’s (QLS’s) motion to dismiss. The motion to remand is denied, while both motions to dismiss are granted. Samson’s Motion to Remand. Assuming that Samson properly served Chase, Chase’s removal was timely because, under Federal Rule of Civil Procedure 6(a)(1)(C), the deadline (which was on a Sunday) was extended to the next court day. Thus, Chase had until November 2, 2020, to remove the case. Furthermore, since QLS appears to be a nominal trustee, and Samson has neither disputed this characterization nor alleged facts to the contrary, QLS’s consent was unnecessary for removal. Emrich v. Touche Ross & Co., 846 F.2d 1190, 1193 n.1 (9th Cir. 1988). Chase’s Motion to Dismiss. As to Samson’s breach-of-contract claim, Samson’s…