Judge: Layne H. Melzer, Case: "InRe:11ShorePineDrive,NewportBeach,CA92657", Date: 2023-05-18 Tentative Ruling

Petitioner Quality Loan Service Corp.

Motion to Deposit Surplus Funds Pursuant to Civil Code§ 2924J and Discharge Petitioner

Petitioner Quality Loan Service Corp. (“Petitioner”) seeks an order allowing Petitioner to deposit surplus funds pursuant to Civil Code section 2924j, subdivision (c) and (d) and to discharge Petitioner from further responsibility for disbursement of the funds resulting from a trustee’s sale on 8/15/2022 of real property located at 11 Shore Pine Drive, Newport Beach, California 92657 (“Subject Property”). 

On 4/13/2023, Peter Szanto filed a notice of removal to federal district court.  (ROA No. 29.)  Accordingly, the hearing on this petition is vacated.  (28 U.S.C.A. § 1446(d).)  The case will be set for a status conference on July 6, 2023, at 2PM. 

As stated by one treatise:

“No court order from federal or state court is required to effect removal. Instead, the mere act of filing the removal notice in federal court, giving notice to all adverse parties (see §22.87), and filing a copy in state court (see §22.88) effects removal. 28 USC §1446(d). See Libhart v Santa Monica Dairy Co. (9th Cir 1979) 592 F2d 1062, 1064 (removal accomplished merely by defendant filing verified petition (now notice of removal, see §22.76)).”

See CEB, Cal Civil Procedure Before Trial, Chpt 22 Removal to Fed Court, §22.85

The Court will require further briefing as to why this matter has not been removed so as to divest this court of jurisdiction.  Alternatively, Petitioner or an affected Claimant may challenge the purported removal and seek an order of remand. 

Petitioner shall give notice to all potential claimants.