Debra Toner v. National City Mortgage Co., et al.
Published: Jan. 6, 2023 | Result Date: May 10, 2022 | Filing Date: Feb. 16, 2022 |Case number: 3:22-cv-00217-JO-AHG Bench Decision – Dismissal
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Cathy K. Robinson
(Wright, Finlay & Zak LLP)
Michael G. Olinik
(The Law Office of Michael G. Olinik)
Facts
On February 16, 2022, acting on her own behalf, Debra Toner filed a complaint against Rachael Callahan, 3139 Mount Whitney Rd. Trust Dated 06.14.2021, National City Mortgage and others alleging the wrongful foreclosure of her home. Toner filed a temporary restraining order which the court construed as a motion for a preliminary injunction on February 25, 2022. Callahan and the others sought to dismiss the action on jurisdictional grounds.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that federal jurisdiction based on diversity existed because she is a California citizen, National City Mortgages is a citizen of Ohio and the damages she sought exceeded $75,000.
DEFENDANTS' CONTENTIONS: Defendant Callahan argued that there was no diversity as she too was a California citizen.
Result
The court granted defendants' motion to dismiss and closed the case.
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