STIPULATION TO REMAND ACTION TO STATE COURT

EDWARD M. CHEN, District Judge.

STIPULATION

Plaintiffs Joselito Mendoza Malunay and Edna Camposano Malunay ("Plaintiffs") and Defendant Wells Fargo Bank, N.A. ("Wells Fargo") (collectively, the "Parties") by, and through their respective counsel, jointly stipulate as follows:

WHEREAS, on June 12, 2013, the Plaintiffs filed their Complaint in San Mateo County Superior Court (the, "Action");

WHEREAS, on June 21, 2013, Wells Fargo removed this Action from San Mateo County Superior Court to this Court based on diversity;

WHEREAS, Defendant NDex West, LLC has not appeared in the Action;

WHEREAS, on July 1, 2013, Wells Fargo filed a Motion to Dismiss Plaintiffs' Complaint;

WHEREAS, on July 10, 2013, the Action was reassigned to the Honorable Charles R. Breyer;

WHEREAS, on July 11, 2013, Wells Fargo re-filed its Motion to Dismiss Plaintiffs' Complaint;

WHEREAS, on July 12, 2013, the Action was reassigned to the Honorable Edward M. Chen;

WHEREAS, the hearing on Wells Fargo's Motion to Dismiss is scheduled for August 22, 2013;

WHEREAS, on July 18, 2013, Plaintiffs' filed a Motion to Remand the Action to state court;

WHEREAS, Plaintiffs contend that there is no diversity and therefore the Action was improperly removed;

WHEREAS, Wells Fargo contends that the Action was properly removed and that its removal is supported by almost all Northern District authority (See Deleon v. Wells Fargo Bank, N.A., 729 F.Supp.2d 1119, 1123 (N.D. Cal. 2010); Nguyen v. Wells Fargo Bank, N.A., 749 F.Supp.2d 1022, 1027 (N.D. Cal. 2010); Atienza v. Wells Fargo Bank, N.A., 2011 U.S. Dist. LEXIS 1738, *6 (N.D. Cal. Jan. 4, 2011); Tse v. Wells Fargo Bank, N.A., 2011 U.S. Dist. LEXIS 6796, *8 (N.D. Cal. Jan. 19, 2011); Giordano v. Wachovia Mortgage, FSB, 2010 U.S. Dist. LEXIS 136284, *5 (N.D. Cal. Dec. 14, 2010); Moreno v. Wells Fargo Bank, N.D. 2011 U.S. Dist. LEXIS 146195 (N.D. Cal. Cal. Dec. 21, 2011); Sami v. Wells Fargo Bank, 2012 U.S. Dist. LEXIS 38501 (N.D. Cal. March 21, 2012); Crane v. Wells Fargo Bank, 2013 U.S. Dist. LEXIS 101469, *6 (N.D. Cal. July 19, 2013); Flores v. Wells Fargo Bank, N.A., 2012 U.S. Dist. LEXIS 32648, *14-15 (N.D. Cal. March 12, 2013).);

WHEREAS Wells Fargo nonetheless recognizes that this Court has considered the question of Wells Fargo's citizenship and determined that Wells Fargo is a citizen of South Dakota and California (See Martinez v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 72075, *40 (N.D. Cal. May 21, 2013).);

WHEREAS, the Parties wish to conserve judicial resources, as well as their own resources, by agreeing to remand the action;

NOW IT IS HEREBY STIUPLATED AND AGREED by and between Wells Fargo and Plaintiffs, through their undersigned counsel of record, that the action be remanded to the San Mateo Superior Court.

IT IS SO STIPULATED.

ORDER

Having reviewed the Joint Stipulation of Plaintiffs Joselito Mendoza Malunay and Edna Camposano Malunay and Defendant Wells Fargo Bank, N.A., and for good cause shown, the Court hereby orders the Action be remanded to the San Mateo Superior Court. All pending deadlines associated with Plaintiffs' Motion to Remand on one hand, and Wells Fargo's Motion to Dismiss on the other, are hereby vacated.

IT IS SO ORDERED.