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Guardia v. Affinia Default Services, LLC, CV 18-8965 DSF (GJSx). (2018)

Court: District Court, C.D. California Number: infdco20181119705 Visitors: 28
Filed: Nov. 15, 2018
Latest Update: Nov. 15, 2018
Summary: Order DENYING Motion to Remand (Dkt. No. 14) DALE S. FISCHER , District Judge . Plaintiff has filed a motion to remand. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for December 10, 2018 is removed from the Court's calendar. The motion is DENIED because the complaint states a federal question on its face. The declaratory relief claim requests a declaration that Defendants violated 12 C.F.R. 1024.41(f
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Order DENYING Motion to Remand (Dkt. No. 14)

Plaintiff has filed a motion to remand. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for December 10, 2018 is removed from the Court's calendar.

The motion is DENIED because the complaint states a federal question on its face. The declaratory relief claim requests a declaration that Defendants violated 12 C.F.R. §1024.41(f)(1)(i). Compl. ¶¶ 47-49; Prayer for Relief ¶ 4. There may also be diversity jurisdiction, but that is not as clear and the Court need not reach the question.

IT IS SO ORDERED.

Source:  Leagle

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