Christiana Trust v. Pankey et al

Northern District of California, cand-4:2015-cv-02217

ORDER by Judge Hamilton granting {{2}} Motion for Leave to Proceed in forma pauperis; granting {{8}} Motion to Remand; adopting {{10}} Report and Recommendations as to Motion to Remand. (pjhlc1, COURT STAFF) (Additional attachment(s) added on 7/14/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 CHRISTIANA TRUST, 9 Case No. 15-cv-02217-PJH Plaintiff, 10 ORDER ADOPTING MAGISTRATE v. JUDGE'S REPORT AND 11 RECOMMENDATION; ORDER ROSALIE V. PANKEY, et al., GRANTING IFP APPLICATION AND 12 MOTION TO REMAND Northern District of California United States District Court Defendants. 13 14 15 The court has reviewed Magistrate Judge Donna M. Ryu's Report and 16 Recommendation re defendants' IFP application and plaintiff's motion to remand this 17 unlawful detainer action to the Superior Court of California, County of Contra Costa. The 18 court finds Judge Ryu's report correct, well-reasoned and thorough, and adopts it in 19 every respect. 20 Defendants filed a request for judicial notice on July 8, 2015, which the court 21 construes as objections to the Report and Recommendation. Defendants argue that the 22 signatures on some of the documents recorded in connection with the non-judicial 23 foreclosure were forged, and thus that the documents were invalid and the foreclosure 24 sale should be set aside. 25 This court does not have jurisdiction over the unlawful detainer action. Thus, any 26 argument defendants may have with regard to the legality of the foreclosure sale or any 27 other matter relating to the subject property cannot be raised in this court in the present 28 action. 1 Defendants' IFP request is GRANTED for the sole purpose of relieving defendants 2 from the obligation of advance payment of the filing fee. The motion to remand is 3 GRANTED, and the court ORDERS that this case be remanded to the Contra Costa 4 Superior Court. 5 6 IT IS SO ORDERED. 7 Dated: July 13, 2015 8 _________________________________ PHYLLIS J. HAMILTON 9 United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2