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State of Nevada v. Bank of America Opinion

State of Nevada v. Bank of America Opinion

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Published by: Foreclosure Fraud on Mar 05, 2012
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UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITSTATE OF NEVADA,Plaintiff - Appellant,v.BANK OF AMERICA CORPORATION;BANK OF AMERICA NATIONALASSOCIATION; BAC HOME LOANSSERVICING, LP; RECONSTRUCTCOMPANY, N.A.; COUNTRYWIDEFINANCIAL CORPORATION;COUNTRYWIDE HOME LOANS, INC.;FULL SPECTRUM LENDING, INC.,Defendants - Appellees. No. 12-15005D.C. No. 3:11-cv-00135-RCJ-WGCOPINIONAppeal from the United States District Courtfor the District of NevadaRobert Clive Jones, Chief District Judge, PresidingArgued and Submitted February 8, 2012Pasadena, CaliforniaFiledBefore: REINHARDT, WARDLAW, and CALLAHAN, Circuit Judges.Opinion by Judge WARDLAW:
MAR 02 2012
2The State of Nevada, through its Attorney General, Catherine Cortez Masto,filed this
 parens patriae
lawsuit against Bank of America Corporation and severalrelated entities (collectively, “Bank of America”) in Clark County District Court. Nevada alleges that Bank of America misled Nevada consumers about the termsand operation of its home mortgage modification and foreclosure processes, inviolation of the Nevada Deceptive Trade Practices Act, Nev. Rev. Stat.§§ 598.0903-.0999. Nevada also alleges that Bank of America violated an existingconsent judgment (“Consent Judgment”) in a prior case between Nevada andseveral of Bank of America’s subsidiaries, entered in Clark County District Court.Bank of America removed this action to federal district court, assertingfederal subject matter jurisdiction as either a “class action” or “mass action” under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d), and as arisingunder federal law, 28 U.S.C. § 1331. Denying Nevada’s motion to remand, thefederal district court concluded that it has jurisdiction over this action as a CAFA“class action,” but not as a “mass action,” and that it also has federal question jurisdiction because resolving the state claims will require an interpretation of federal law.We granted Nevada’s request for leave to appeal the district court’s denial of its motion to remand pursuant to 28 U.S.C. § 1453(c)(1). We conclude that
3 because
 parens patriae
actions are not removable under CAFA, and the actiondoes not otherwise satisfy CAFA’s “mass action” requirements, the district courtlacks jurisdiction under CAFA. We also exercise our interlocutory appellate jurisdiction under 28 U.S.C. § 1453(c) to review the district court’s determinationthat it has federal question jurisdiction because the complaint references the federalHome Affordable Mortgage Program and the Fair Debt Collection Practices Act.We conclude that the district court lacks federal question jurisdiction. Becausethere is no basis for federal subject matter jurisdiction, this case must be remandedto Nevada state court.
The Nevada Deceptive Trade Practices Act (“DTPA”) authorizes the NevadaAttorney General to “bring an action in the name of the State of Nevada” againstany person whom the Attorney General “has reason to believe . . . has engaged or is engaging in a deceptive trade practice.” Nev. Rev. Stat. § 598.0963(3). TheState of Nevada filed its amended complaint (“Complaint”) in the Clark CountyDistrict Court on January 19, 2011.
The Complaint alleges that Bank of Americaviolated the DTPA by misleading Nevada consumers who sought modifications of residential mortgages. It also alleges that Bank of America violated the terms of aFebruary 24, 2009, Consent Judgment between Nevada and several of the bank’s

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