Sepehry-Fard
U.S. Bank National Association v. Sepehry-Fard
Opinion
Trial Court Opinion
I. BACKGROUND
1 On August 10, 2017, U.S. Bank filed an unlawful detainer action—U.S. Bank, National 2 Association, as Trustee, etc. v. Fareed Sepehry-Fard©, No. 17-CV-314286—against Defendant in 3 Santa Clara Superior Court, alleging that U.S. Bank was entitled to possession of a property in 4 Saratoga, California, of which Defendant was in unlawful possession following U.S. Bank’s Three 5 Day Notice to Quit in July 2017. See Request for Judicial Notice (“RJN”), ECF No. 15, Ex. A ¶¶ 1, 6 4–5, 8–10. Defendant filed an answer to the complaint on September 20, 2017. See U.S. Bank 7 Nat’l Assoc v. Sepehry-Fard©, No. 5:17–cv–7241, ECF No. 9-2 at 17–19. 8 On December 21, 2017, Defendant removed the action to the Northern District of California, 9 commencing Case No. 5:17–cv–7241 before Judge Van Keulen. On January 8, 2018, U.S. Bank 10 moved to remand the case, and on February 1, 2018, Judge Van Keulen issued a Report and 11 Recommendation to grant U.S. Bank’s motion. See U.S. Bank Nat’l Assoc v. Sepehry-Fard©, 12 No. 5:17–cv–7241, ECF Nos. 9, 41. On February 7, 2018, this Court adopted Judge Van Keulen’s 13 Report and Recommendation and granted U.S. Bank’s motion, citing (1)…