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Karen Kay Elstner-Bailey v. Northern Pacific Mortgage Corporation et al

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 7, 2011

KAREN KAY ELSTNER-BAILEY, PLAINTIFF,
v.
NORTHERN PACIFIC MORTGAGE CORPORATION ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

NO JS-6

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND [Docket Nos. 30, 36, 40]

Presently before the court is Defendant Federal National Mortgage Association ("Fannie Mae")'s Motion to Dismiss. Having considered the submissions of the parties, the court grants the motion, dismisses Plaintiff's complaint with leave to amend, and adopts the following order.

Karen Kay Elstner-Bailey ("Plaintiff), a pro se plaintiff, filed a First Amended Complaint ("FAC") alleging six causes of action. Fannie Mae now moves to dismiss the FAC, asserting, among other things, that the FAC fails to comply with the pleading requirements of Federal Rule of Civil Procedure 8.

Rule 8 does not require a plaintiff to plead detailed facts. Navajo Nation v. United States Forest Serv., 535 F.3d 1058, 1108 (9th Cir. 2008). A complaint need only contain a "short and plain statement of the claim showing that the pleader is entitled to relief" and "a demand for the relief sought." Fed. R. Civ. P. 8(a). The complaint must, however, "give a defendant fair notice of what the claim is and the grounds upon which it rests." Mendiondo v. Centinela Hosp. Med. Center, 521 F.3d 1097, 1104 (9th Cir. 2008) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (alteration omitted).

Here, the FAC lists six causes of action. The causes of action do not, however, identify a particular claim, nor indicate the defendant against which the cause of action is asserted.*fn1

Plaintiff acknowledges that the complaint does "not specifically identif[y] the defendant to the claim[s] asserted," and seeks leave to correct the defects in her pleading. (Opposition at 7.)

The court concludes that the FAC does not meet the pleading requirements of Rule 8. However, given the court's preference for decisions on the merits, Plaintiff's pro se status, and her stated intention to cure the FAC's deficiencies, the court concludes that leave to amend is warranted. Accordingly, Fannie Mae's Motion to Dismiss is GRANTED. Plaintiff's First Amended Complaint is DISMISSED, with leave to amend.*fn2 Any amended complaint shall be filed within twenty days of the date of this order.*fn3 Plaintiff's Motion to Compel Answer (Dkt. No. 36) is VACATED as moot.

IT IS SO ORDERED.


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