Sevier

Sevier v. Real Time Resolutions, Inc. a Texas Corporation

Good Law
United States District Court, Northern District of CaliforniaAugust 4, 20234:22-cv-06693California2,835 words

Opinion

Trial Court Opinion

BACKGROUND

18 On October 28, 2022, Plaintiffs Nicole Sevier and Robert Thurman (“Plaintiffs”) filed an 19 amended complaint in Contra Costa Superior Court, challenging RTR’s attempts to foreclose on 20 their property located at 1161 Camino Solano, Concord, California 94521 (the “Property”). (Dkt. 21 No. 1-2, Ex. E, First Amended Complaint (“FAC”)). Plaintiffs bring claims for violation of 22 California Civil Code section 2924(a)(1); violation of the Truth in Lending Act (“TILA”), 12 23 C.F.R. section 1026.41; violation of Rosenthal Fair Debt Collection Practice Act (“Rosenthal 24 Act”), Cal. Civ. Code section 1788.30; violation of California Financial Code section 4978(a); 25 unfair competition pursuant to California’s Business and Professions Code sections 17200, et seq. 26 (the “UCL Claim”); Cancellation of Written Instruments, Cal. Civ. Code section 3412; and 27 wrongful foreclosure.1 On October 31, 2022, RTR removed this action. (Dkt. No. 1, Notice of Removal.) In its notice of removal, RTR contends that this Court has jurisdiction under 28 U.S.C. section 1331. (Id. ¶ 3.) RTR also contends that this action may be removed to this Court because the…

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