ORDER AFTER HEARING ON MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM
This matter came on for hearing on March 30, 2009 at 10:00a.m., on the duly noticed motion of Defendant FIRST AMERICAN LOANSTAR TRUSTEE SERVICES (hereinafter "LOANSTAR" or "Defendant"), to dismiss the Complaint herein as to Defendant, with prejudice. Appearances were as noted in the record. After considering the moving papers filed by LOANSTAR and no opposition thereto having been filed by Plaintiffs JOSE J. CAMBEROS and ILDA L. CAMBEROS (hereafter collectively "Plaintiff"), and good cause appearing therefor, the Court finds that Plaintiff has failed to state a claim upon which relief can be granted [Fed. Rule of Civ. Proc. 12(b)(6)].
Furthermore, it appears beyond doubt that the plaintiffs can prove no set of facts in support of their claims which would entitle them to relief. [Housley v. U. S. (9th Cir. Nev. 1994) 35 F.3d 400, 401; Conley v. Gibson 335 U.S. 41, 45-46 (1957)].
NOW, THEREFORE, the Court orders as follows:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff's Complaint shall be, and hereby is DISMISSED as to Defendant LOANSTAR, with prejudice;
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff's counsel herein, Mitchell W. Roth, and the Law firm of M.W. Roth, P.L.C., individually, jointly and severally, shall reimburse Plaintiff for all monies paid to Plaintiff's counsel by Plaintiff in connection with the instant lawsuit;
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff's counsel herein, Mitchell W. Roth, and the Law firm of M.W. Roth, P.L.C., individually, jointly and severally, shall pay all attorneys' fees incurred by Defendant LOANSTAR in the instant action, in the amount of $1491.90, as set forth in the Declaration of LOANSTAR'S counsel regarding attorney's fees, filed herein.
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