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Romero v. Indymac Federal Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 9, 2010

JORGE ROMERO AND LUCIA OROZCO, PLAINTIFFS,
v.
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.

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 Jorge Romero and Lucia Orozco ("Plaintiffs") financed their home in 2006. Presently before the Court is a Motion by Plaintiffs seeking leave to file an Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a).

Plaintiffs state that they are unable to allege appropriate facts to support their causes of action under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA") and the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 et seq. ("RESPA"). They therefore seek leave to amend so as to remove their TILA and RESPA claims from the complaint.

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 Plaintiffs' Motion to Amend (Docket No. 61) as those issues are now moot.

For the reasons stated above, this case is hereby dismissed without prejudice for lack of subject matter jurisdiction.*fn1 The matter is REMANDED to Superior Court of California, County of Sacramento. The Clerk is directed to close the file.

IT IS SO ORDERED.


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