UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 26, 2010
SIMON SERENO AND GRACE SERENO PLAINTIFFS,
WACHOVIA BANK; WORLD SAVINGS BANK, FSB; EXECUTIVE TRUSTEE SERVICES, LLC DBA ETS SERVICES, LLC; EDDIE MOLL AND DOES 1-20, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MEMORANDUM AND ORDER
This action arises out of a mortgage loan transaction in which Plaintiffs Simon Sereno and Grace Sereno ("Plaintiffs") refinanced their home in 2006. Presently before the Court is a Motion by Defendant Wachovia Mortgage, erroneously named separately as Wachovia Bank and World Savings Bank ("Defendant") to Dismiss the claims alleged against it in Plaintiffs' Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant also filed a Motion to Strike portions of the Amended Complaint.
Plaintiffs' Amended Complaint alleges only state law causes of action. Plaintiffs have also filed a Statement of Non-Opposition in which they do not oppose dismissal of their Amended Complaint for lack of subject matter jurisdiction.
With only Plaintiffs' state law claims remaining, this Court ceases to have subject matter jurisdiction over the suit. The Court declines to exercise its supplemental jurisdiction over the remaining state causes of action and they are dismissed without prejudice. The Court need not address the merits of Defendant's Motion to Dismiss (Docket No. 20) as those issues are now moot. Defendant's Motion to Strike (Docket No. 21) is also moot.*fn1
Plaintiffs are cautioned against filing complaints in this Court and then dismissing the federal claims as soon as a Motion to Dismiss is filed.
For the reasons stated above, the case is dismissed. The Clerk is directed to close the file.
IT IS SO ORDERED.