Romero, et al., v. CitiMortgage, Inc. et al
Filing
57
MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 3/26/10: The Court dismisses Defendants OneWest Bank, FSB and Mortgage Electronic Registration Systems, Inc. in its capacity as nominee/beneficiary of Plaintiffs' One West-administered Deed of Trust. The suit brought against these Defendants is REMANDED to Superior Court of California, County of Sacramento. The Clerk is directed to terminate the Defendants. (Kaminski, H)
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1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Through the present action, Plaintiffs Jorge Romero and Lucia Orozco ("Plaintiffs") seek monetary and injunctive relief from Defendants OneWest Bank, FSB and Mortgage Electronic Registration Systems, Inc. in its capacity as nominee/beneficiary of Plaintiffs' One West-administered Deed of Trust (collectively "Defendants") for a litany of state and federal claims arising out of the financing of Plaintiffs' home in 2006. 1 INDYMAC FEDERAL BANK; CITIMORTGAGE; SECURITY MORTGAGE FUNDING CORP.; QUALITY LOAN SERVICE CORP.; ONEWEST BANK, FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; HUONG LO; and DOES 1-20 INCLUSIVE, Defendants. ----oo0oo---MEMORANDUM AND ORDER JORGE ROMERO and LUCIA OROZCO, No. 2:09-cv-02889-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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Presently before the Court is a Motion by Defendants to Dismiss the claims alleged against them in Plaintiffs' First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).1 On October 15, 2009, non-moving defendants in this action removed this suit from Superior Court of California, County of Sacramento to federal court for the Eastern District of California on the grounds of federal question jurisdiction. Plaintiffs' original Complaint, as well as their subsequent Amended Complaint, allege violations of the Truth in Lending Act ("TILA") and the Real Estate Settlement Procedures Act ("RESPA"). However, neither of Plaintiffs' federal law claims are alleged against Defendants. Plaintiffs' suit, inasmuch as it Both
pertains specifically to the presently moving Defendants, consists entirely of state law causes of action. Accordingly,
this Court ceases to have subject matter jurisdiction over Plaintiffs' claims against Defendants, and the Court declines to exercise its supplemental jurisdiction over the Plaintiffs' state law claims. The Court need not address the merits of Defendant's Motion to Dismiss (Docket No. 29) as those issues are now moot. /// /// ///
Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). 2
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For the reasons stated above, the Court dismisses Defendants OneWest Bank, FSB and Mortgage Electronic Registration Systems, Inc. in its capacity as nominee/beneficiary of Plaintiffs' One West-administered Deed of Trust. The suit brought against these
Defendants is REMANDED to Superior Court of California, County of Sacramento. The Clerk is directed to terminate the Defendants.
IT IS SO ORDERED. Dated: March 26, 2010
_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE
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