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Marcelino Ramirez v. Aurora Loan Services; All Persons Unknown Claiming Any Legal Or

April 21, 2011

MARCELINO RAMIREZ, PLAINTIFF,
v.
AURORA LOAN SERVICES; ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



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

ORDER GRANTING DEFENDANT AURORA LOAN SERVICES LLC 'S MOTION TO DISMISS

Hearing Date: Date: April 11, 2011 Time: 10:00 a.m. Ctrm: 8 Complaint Filed: January 3, 2011 Trial Date: None

TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:

The motion of defendant Aurora Loan Services LLC (Aurora) to dismiss plaintiff Marcelino Ramirez's (plaintiff) complaint, came on before Judge Manuel L. Real on April 11, 2011, at 10:00 a.m. There was no appearance by or on behalf of plaintiff.

After having read and considered the papers in support of and in opposition to defendants' motion to dismiss plaintiff's complaint, as well as all of the Court's files and papers, the Court finds that plaintiff's complaint fails to state a claim for which relief can be granted under Rule 12(b)(6). Therefore, defendant's Motion to Dismiss is GRANTED and plaintiff's complaint is hereby dismissed with prejudice. In particular, the Court finds as follows:

Plaintiff's complaint is subject to dismissal because he does not bring any allegations at all against Aurora pursuant to Rule 8 of the Federal Rules of Civil Procedure.

Plaintiff's complaint is subject to dismissal because plaintiff has not tendered the amount due under the loan.

The complaint fails to show a right to relief by lacking a cognizable legal theory and by lacking sufficient facts alleged under cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990) Good cause appearing, defendants' Motion to Dismiss plaintiff's complaint is GRANTED with prejudice.

By:

Judge Manuel L. Real

PROOF OF SERVICE BY OVERNIGHT DELIVERY COURIER STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California; I am over the age of 18 years and not a party to this action. My business address is 725 South Figueroa Street, 38th Floor, Los Angeles, CA 90017.

On April 12, 2011, I served the following document(s) described as:

[PROPOSED] ORDER GRANTING DEFENDANTS AURORA LOAN SERVICES AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S MOTION ...


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