Wells Fargo Bank, N.A. v. Smith

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WELLS FARGO BANK, N.A., Case No. 23-cv-03090-JSC

Plaintiff,

ORDER REMANDING CASE TO

v. STATE COURT

EQUAAN D. SMITH, et al., Re: Dkt. No. 17 Defendants.

12 This case arises out of litigation following Wells Fargo’s foreclosure of Defendant Smith’s home. During foreclosure proceedings Defendant Smith conveyed a four percent interest to her attorney, Defendant Robinson. Defendant Robinson removed this matter from Alameda County Superior Court. He seeks to vacate a tentative state court ruling denying his motion to vacate a stipulated judgment. Plaintiff Wells Fargo Bank filed a motion to remand based on lack of subject matter jurisdiction as well as other defects in removal. (Dkt. No. 17.) Defendant Smith did not join in Defendant Robinson’s notice of removal and has not expressly consented to removal since the notice was filed, although she does oppose remand. After carefully considering the parties’ written submissions, the…