01 removal of helen segura case

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11293/0049/908308.1 Green Trees Notice of Removal

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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 & WERSONA Professional Corporation

One Embarcadero Center, Suite 2600San Francisco, CA 94111Telephone: (415) 398-3344Facsimile: (415) 956-0439Email: [email protected]

Attorneys for DefendantGREEN TREE SERVICING LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

HELEN SEGURA, an individual,

Plaintiff,

vs.

GREEN TREE SERVICING, LLC, a limitedliability company; KONDAUR CAPITALCORPORATION, a California corporation,and DOES 1 through 10, inclusive,

Defendants.

Case No.:

NOTICE OF REMOVAL (FEDERALQUESTION JURISDICTION)

Case 1:11-cv-00634-AWI -SMS Document 1 Filed 04/20/11 Page 1 of 4


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-2-11293/0049/908308.1 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, entitledHelen 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 thefirst 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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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 whichthis 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 Plaintiffin accordance with 28 U.S.C. 1367(a).

6. This Notice of Removal is timely pursuant to 28 U.S.C. 1446(b). Under 28U.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 divisionthat 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 theremoval 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 theSecond Amended Complaint, Kondaur, consents to and joins in Green Trees removal of this

action. SeeExhibit 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 & WERSONA Professional Corporation

By: /s/ Elena Kouvabina

Elena Kouvabina

Attorneys for DefendantGREEN TREE SERVICING LLC


01 removal of helen segura case

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