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Francisco Serrano v. Lsfs Mercury Reo Investments Trust; and Any and All Who Seek Any

UNITED STATED DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 19, 2011

FRANCISCO SERRANO, PLAINTIFF,
v.
LSFS MERCURY REO INVESTMENTS TRUST; AND ANY AND ALL WHO SEEK ANY TITLE, RIGHTS, AND INTEREST IN THE REAL PROPERTY COMMONLY DESCRIBED AS 14837 FLANNER STREET, LA PUENTE, CALIFORNIA 91744; APN 8212-025-007, AND DOES 1 THROUGH 100 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Manuel L. Real

ORDER REGARDING DEFENDANT LSF6 MERCURY REO INVESTMENTS TRUST SERIES 2008-1'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

Date: January 3, 2011 Time: 10:00 a.m. Courtroom: 8

Complaint Filed: July 30, 2010 Complaint Removed: October 12, 2010 Trial Date: None

The motion by Defendant LSF6 MERCURY REO INVESTMENTS TRUST SERIES 2008-1

("LSF6"), erroneously sued herein as LSFS MERCURY REO INVESTMENTS TRUST, to dismiss the Complaint filed by Plaintiff FRANCISCO SERRANO ("Plaintiff") was heard in Courtroom 8 of the above-mentioned Court on January 3, 2011. Attorney Ethel Bennett appeared on behalf of LSF6. There was no appearance by or on behalf of Plaintiff. No other appearances were made.

Pursuant to the Court's authority under the Federal Rules of Civil Procedure, Rule 12(h)(3), the action is hereby dismissed with prejudice for lack of subject-matter jurisdiction. As the Court stated on the record, there is already a judgment in the related unlawful detainer action in state court, which precludes Plaintiff from bringing the instant action. As a result of the dismissal, Defendant's motion to dismiss is hereby rendered moot.

IT IS SO ORDERED:

Hon. Manuel L. Real United States Magistrate Judge

20110119

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