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Rene Zepeda, et al v. Washington Mutual Bank

May 19, 2011

RENE ZEPEDA, ET AL
v.
WASHINGTON MUTUAL BANK, ET AL



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

CIVIL MINUTES - GENERAL

Title:

Julie Barrera Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: NONE PRESENT NONE PRESENT

PROCEEDING (IN CHAMBERS): ORDER GRANTING DEFENDANT NEWPORT BEACH

POLICE DEPARTMENT'S MOTION TO DISMISS

PLAINTIFFS' COMPLAINT

Before the Court is a Motion to Dismiss Plaintiffs Rene Zepeda, Otilia A. Zepeda, and Ana Boddeker (collectively "Plaintiffs")' Complaint (the "Motion") filed by Defendant Newport Beach Police Department ("Defendant" or the "Police Department"). The Court finds this matter appropriate for decision without oral arguments. Fed.R.Civ. P. 78; Local Rule 7-15. After reviewing the moving, opposing, and replying papers, the Court hereby GRANTS the Motion.

I. Background

Plaintiffs' Complaint avers that Plaintiffs purchased a home on or about May 23, 2007, and secured a loan through a Deed of Trust on the subject property. Complaint, ¶ 49. That property subsequently went into foreclosure proceedings and an eviction action. Id. at ¶¶ 63, 66.

Plaintiffs filed their Complaint alleging ten causes of action against many different defendants. Plaintiffs assert their second cause of action, for violations under 42 U.S.C. § 1983, against the Police Department and the County of Orange Sheriff's Department. In their § 1983 claim, Plaintiffs aver that "[b]y depriving Plaintiffs of their rights guaranteed to them by federal law as set forth above, Defendants, acting under color of law in evicting Plaintiffs, have violated 42 U.S.C. § 1983 and are subject to relief appropriate to remedy that violation." Complaint, ¶ 82.

The Police Department now brings the present Motion to dismiss that cause of action.

II. Legal Standard

Under Federal Rule of Civil Procedure 12(b)(6), a complaint must be dismissed when a plaintiff's allegations fail to state a claim upon which relief can be granted. Dismissal for failure to state a claim does not require the appearance, beyond a doubt, that the plaintiff can prove "no set of facts" in support of its claim that would entitle it to relief. Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1968 (2007) (abrogating Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99 (1957)). In ...


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