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1302 North Main St. Meridian LLC v. Meridian Kids Club

March 20, 2010

1302 NORTH MAIN ST. MERIDIAN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
MERIDIAN KIDS CLUB, INC., AN IDAHO CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Honorable B. Lynn Winmill Chief U. S. District Judge

MEMORANDUM DECISION AND ORDER

INTRODUCTION

The Court has before it Plaintiff's Motion to Remand (Docket No. 4). The Court has determined that the decisional process on the motion would not be significantly aided by oral argument. Therefore, the Court will address the motion without a hearing.

BACKGROUND

This case arises out of a non-judicial foreclosure proceeding under Title 45, Chapter 15, Idaho Code, concerning real property commonly known as 1302 North Main Street, Meridian, Ada County, Idaho (the "Subject Property"). Defendant Meridian Kids Club, Inc. ("Meridian Kids Club") formerly owned the Subject Property and had, on November 21, 2006, granted the subject deed of trust against the Subject Property (the "Deed of Trust").

On May 13, 2009, 1302 North Main St. Meridian LLC's ("North Main") predecessor in interest ("Lender") was conveyed title to the Subject Property as a result of the trustee's sale conducted as part of the non-judicial foreclosure of the Deed of Trust. At the time of the trustee's sale, Meridian Kids Club owned and was in possession of the Subject Property, subject to the Deed of Trust.

On June 10, 2009, Lender conveyed title to the Subject Property to North Main by means of a recorded grant deed. Meridian Kids Club (or people or entities claiming by, through, or under Meridian Kids Club) has remained in possession of the Subject Property after the trustee's sale, apparently without the permission or the consent of either Lender or North Main.

North Main brought this action for possession of the Subject Property in the state court of Idaho, pursuant Idaho Code § 45-1506(11), which provides that the purchaser at the trustee's sale (or, in this case, North Main, as the successor holder of the purchaser's interests in the Subject Property following Lender's grant deed to North Main) shall be entitled to possession of the Subject Property on the tenth (10th) day following the trustee's sale. After being properly served with North Main's Complaint in the state court action, Meridian Kids Club filed a document titled "Notice of Removal of Action," purportedly under 28 U.S.C. § 1446, in an attempt to remove the case to federal court. North Main then filed a motion to remand, which is now at issue.

ANALYSIS

I. Meridian Kids Club Representation

As an initial matter, the Court notes that Defendant Meridian Kids Club is not properly represented in this matter. Pursuant to Local Rule 83.4, "[w]henever an entity other than an individual desires or is required to make an appearance in this Court, the appearance shall be made only by an attorney of the bar of this Court or an attorney permitted to practice under these rules." Meridian Kids Club, the sole defendant in this matter, is a corporation. Raymond N. Chace, Jr. filed a response brief on behalf of Meridian Kids Club. However, Mr. Chace is not a licensed attorney.

The issue is ultimately moot because, as explained below, the Court is remanding this case to State court. However, in the event Meridian Kids Club intends to file any further briefs in this matter, it must be done through an attorney of the bar of this Court or an attorney permitted to practice under the Court's local rules.

II. Motion to Remand

"Removal jurisdiction is statutory and strictly construed." Gould v. Mutual Life Ins. Co. Of New York, 790 F.2d 769, 773 (9th Cir. 1986). An action filed in state court may be removed if the district court could have exercised jurisdiction over the action if originally filed there. Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996); 28 U.S.C. § 1441. Federal district courts have original jurisdiction in cases "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. That ...


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