UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
August 10, 2012
AMTRUST BANK, ET AL.
The opinion of the court was delivered by: Present: Honorable Cormac J. Carney, United States District Judge
CIVIL MINUTES -- GENERAL
Michelle Urie N/A Deputy Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
None Present None Present
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM
Plaintiff filed this action against Defendants asserting eleven causes of action, including one sounding in fraud, relating to the non-judicial foreclosure process initiated on his property. Based upon a review of the complaint, it appears that Plaintiff's claims fail to state a claim, primarily because Plaintiff's claims rely on allegations that Defendants do not have an interest in Plaintiff's property because of the securitization process, a theory which courts have repeatedly rejected. Plaintiff's allegations also merely state the elements of their causes of action and do not provide sufficient facts to give Defendants notice of the nature of the allegations against them. Accordingly, the Court orders Plaintiff to show cause why this case should not be dismissed for failure to allege any cognizable claim. Plaintiff shall file an opposition to the Court's order to show cause by August 24, 2012. Defendants shall then have until August 31, 2012 to file a response. This matter will be decided on the papers without any hearing.
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