The opinion of the court was delivered by: Honorable Valerie Baker Fairbank, United States District Judge
Joseph Remigio None Present Courtroom Deputy Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
None Present None Present
PROCEEDINGS (IN CHAMBERS): COURT ORDER (1) GRANTING IN PART
DEFENDANT'S MOTION TO DISMISS (DKT. #7); (2) REMANDING STATE LAW CAUSES OF ACTION; (3) CLOSING CASE
Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing set for September 12, 2011 at 1:30 p.m. is vacated and the matter taken off calendar.
The Court has received Defendant Deutsche Bank National Trust Company's, as trustee for registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-NCR Mortgage Pass-Through Certificates, Series 2007-NC3 ("Defendant" or "Deutsche Bank as Trustee") Motion to Dismiss Plaintiff's Complaint (dkt. #7). As of August 24, 2011, the Court has not received any opposing papers from Plaintiff, which were due on August 22, 2011. See L.R. 7-9; see also L.R. 7-12 ("The failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion.").
For reasons stated in the moving papers and set forth herein, the GRANTS the Motion to Dismiss without leave to amend with regard toPlaintiff's third cause of action, brought under the Truth in Lending Act ("TILA"). The Court declines to exercise jurisdiction over the remaining causes of action brought under state law, and the case is REMANDED to the Superior Court of California, County of Los Angeles VC059092. This action DISMISSED with prejudice and all future calendar dates are VACATED.
Initials of Deputy Clerk jre
On July 12, 2011, Plaintiff Martha Bleeker, pro se, filed the Complaint (dkt. #1, Ex. A) in California Superior Court against Defendants Deutsche Bank National Trust Company, Old Republic National Title, Saxon Mortgage Services, and DOES 1-50, inclusive. Plaintiff alleges: (1) wrongful foreclosure pursuant to Cal. Civ. Code § 2923.5, (2) negligence; (3) violation of the Truth In Lending Act ("TILA"); (4) violation of Cal. Bus. & Prof. Code § 17200; and (5) quiet title. Plaintiff's claims arise out of a trustee's sale on Plaintiff's alleged interest in real property located in Lakewood, CA. Plaintiff seeks an order quieting title, injunctive relief, an order directing the county sheriff to refrain from executing any lockout order with respect to the real property, pre-judgment interest, and attorney's fees and costs.
Defendant removed the case on July 25, 2011 (dkt. #1), alleging federal question jurisdiction based on Plaintiff's alleged violations of TILA, 28 U.S.C. § 1331, and supplemental jurisdiction for the state law claims. 28 U.S.C. § 1367. Defendant then filed a Motion to Dismiss on August 1, 2011 (dkt. #7), ...