Case 1:11-cv-00634-AWI -SMS Document 1

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JOHN B. SULLIVAN (State Bar No. 96742) MARY KATE SULLIVAN (State Bar No. 180203) HAROLD R. JONES (State Bar No. 209266) ELENA KOUVABINA (State Bar No. 235918) SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Email: ekk@severson.com Attorneys for Defendant GREEN TREE SERVICING LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

13 HELEN SEGURA, an individual, 14 15 vs. Plaintiff,

Case No.: NOTICE OF REMOVAL (FEDERAL QUESTION JURISDICTION)

16 GREEN TREE SERVICING, LLC, a limited liability company; KONDAUR CAPITAL 17 CORPORATION, a California corporation, and DOES 1 through 10, inclusive, 18 Defendants. 19 20 21 22 23 24 25 26 27 28
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Green Trees Notice of Removal

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TO:

THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to 28 U.S.C. 1441 and 1446, defendant

Green Tree Servicing LLC (Green Tree) hereby removes the above-captioned action from the Superior Court of the State of California, County of Fresno, to the United States District Court for the Eastern District of California. Green Tree alleges that it is entitled to removal pursuant to 28 U.S.C. 1331, based upon federal question jurisdiction, as follows: 1. Green Tree is a named defendant in the civil action filed on or about April 20,

2010, by plaintiff Helen Segura in the Superior Court of the State of California, in County of Fresno, Case No.:10 CE-CG-01400-DRF, entitled Helen Segura v. Green Tree Servicing, LLC, et al., (the State Court Action). The original complaint alleged causes of action against Green Tree for: (1) fraud (promissory fraud); (2) misrepresentation; and (3) declaratory relief. 2. Defendants Green Tree and Kondaur Capital Corporation (Kondaur)

(collectively Defendants) each filed demurrers to Plaintiffs Complaint. On September 8, 2010, the Fresno County Superior Court sustained Defendants demurrers with leave to amend. On September 28, 2010, Plaintiff, filed an amended complaint asserting the following 13 claims against Green Tree and Kondaur: (1) declaratory relief; (2) cancellation of instruments; (3) to set aside the foreclosure proceeding and trustees sale; (4) injunction; (5) accounting; (6) promissory fraud; (7) fraud; (8) fraud (negligent misrepresentation); (9) violation of business and professions code section 17200; (10) negligence/negligent infliction of emotional distress; (11) breach of contract; (12) promissory estoppel; (13) specific performance. Defendants each filed demurrers to Plaintiffs First Amended Complaint. On February 9, 2011, the Fresno County Superior Court sustained in part, and overruled in part, Defendants demurrers to the First Amended Complaint, and granted Plaintiff leave to file a Second Amended Complaint. 3. On March 21, 2011 Plaintiff filed a Second Amended Complaint in which, for the

first time, she alleged a claim under a federal statute. Specifically, Plaintiffs Second Amended Complaint asserts the following nine claims against Defendants: (1) Declaratory Relief; (2)
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Green Trees Notice of Removal

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Fraud; (3) Tortious Violation of 12 U.S.C. 2601, et seq. (RESPA); (4) Quiet Title; (5) Violation of Business and Professions Code 17200; (6) Violation of Cal. Civil Code 2923.6; (7) Violation of Cal. Civil Code 1788.17; (8) Violation of Cal. Civil Code 1572; and (9) Injunctive Relief. Copies of all pleadings and documents filed and served to date in the State Court Action are attached hereto, as Exhibit A. 4. Based on the Second Amended Complaint, this action is a civil action of which

this Court has original jurisdiction under 28 U.S.C. 1331, and is one which may be removed to this Court by Green Tree pursuant to the provisions of 28 U.S.C. 1441(b) because it arises under the RESPA, 12 U.S.C. 2601, et seq. (see Compl. 15, 20, 144-150). 5. This Court has supplemental jurisdiction over all other claims asserted by Plaintiff

in accordance with 28 U.S.C. 1367(a). 6. This Notice of Removal is timely pursuant to 28 U.S.C. 1446(b). Under 28

U.S.C. 1446(b), a notice of removal must be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of an amended pleading, from which it may first be ascertained that the case is removable. Grounds for removal appeared for the first time in Plaintiffs Second Amended Complaint where Plaintiff asserted for the first time a federal claim under RESPA. Plaintiff served Green Tree with the Second Amended Complaint by regular mail on March 21, 2011. The present Notice of Removal is timely filed on April 20, 2011. 7. Removal to the Fresno division of this Court is proper because this is the division

that embraces the county where Plaintiff filed the State Court Action. 28 U.S.C. 1441(a). 8. As required by 28 U.S.C. 1446(d), Green Tree will provide written notice of the

removal of this action to Plaintiff, and to the Fresno County Superior Court. 9. The other defendant in the State Court Action who has been served with the

Second Amended Complaint, Kondaur, consents to and joins in Green Trees removal of this action. See Exhibit B. WHEREFORE, Green Tree prays that the State Court Action be removed from state court to this Court and that this Court assume jurisdiction over the action and determine it on the merits.
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DATED: April 20, 2011

SEVERSON & WERSON A Professional Corporation

By: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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/s/ Elena Kouvabina Elena Kouvabina

Attorneys for Defendant GREEN TREE SERVICING LLC

Green Trees Notice of Removal