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Delgado v. Bank of America Corp.

United States District Court, E.D. California
Sep 15, 2009
NO. 2:09-cv-01932-MCE-KJM (E.D. Cal. Sep. 15, 2009)

Summary

holding a property that "has already been sold in foreclosure . . . may still be the object of the litigation when the plaintiff sues for injunctive relief"

Summary of this case from Beck v. Nationstar Mortg.

Opinion

NO. 2:09-cv-01932-MCE-KJM.

September 15, 2009


ORDER


The Complaint in this matter is brought on behalf of Plaintiff Fernando Delgado, a resident of Kern County, California. (Compl., ¶ 1). Plaintiff makes various claims with regard to the promissory note and deed of trust on certain real property located in Kern County, California. (Id. at ¶¶ 8-10). Defendants, companies involved in the aforesaid mortgage transactions, are alleged to have been doing business within the County of Kern within all times relevant to Plaintiff's Complaint. (Id. at ¶¶ 2-4).

Kern County is part of the Fresno Division of the United States Court for the Eastern District of California. See Local Rule 3-120(b). This action was originally brought in Kern County. On July 15, 2009, Defendants removed the matter to the Sacramento Division of this court, alleging diversity of citizenship pursuant to 28 U.S.C. § 1332(a).

While the caption to the Notice of Removal lists the "Bakersfield Division" of this court, the matter was nonetheless removed to Sacramento.

Pursuant to Local Rule 3-120(f), any civil action which has not been commenced in the proper court may, on the court's own motion, be transferred to the proper court. The instant case was improperly removed to Sacramento, rather than Fresno. Therefore this action will be transferred to the Fresno Division of the court. All currently pending motions in this matter (Docket Nos. 5, 6 and 18) are DENIED, without prejudice to being refiled in Fresno following transfer. Finally, Plaintiff's Ex Parte Application for an Order Shortening Time for the hearing on his Motion to Strike (Docket No. 17) is DENIED as moot.

IT IS SO ORDERED.


Summaries of

Delgado v. Bank of America Corp.

United States District Court, E.D. California
Sep 15, 2009
NO. 2:09-cv-01932-MCE-KJM (E.D. Cal. Sep. 15, 2009)

holding a property that "has already been sold in foreclosure . . . may still be the object of the litigation when the plaintiff sues for injunctive relief"

Summary of this case from Beck v. Nationstar Mortg.

discussing requirement of plaintiff to allege tender of indebtedness "to state a cause of action to set aside a foreclosure"

Summary of this case from Patino v. Recontrust Co.
Case details for

Delgado v. Bank of America Corp.

Case Details

Full title:FERNANDO DELGADO, Plaintiff, v. BANK OF AMERICA CORP., COUNTRYWIDE HOME…

Court:United States District Court, E.D. California

Date published: Sep 15, 2009

Citations

NO. 2:09-cv-01932-MCE-KJM (E.D. Cal. Sep. 15, 2009)

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