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Title Edgar Edusada v. Bank of America

August 22, 2012

TITLE EDGAR EDUSADA
v.
BANK OF AMERICA, N.A., ET AL.



The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE TRANSFERRED TO THE SOUTHERN DISTRICT OF CALIFORNIA

Before this Court is a complaint by Plaintiff Edgar Edusada, seeking relief from Defendant Bank of America, N.A.. The complaint raises claims for unfair competition, Cal. Bus. & Prof. Code § 17200 et seq., and false and misleading advertising, Cal. Bus. & Prof. Code § 17535, arising out of Defendants' allegedly false advertisements regarding a hiatus on foreclosure sales. On August 9, 2012, Defendant removed this action from the Los Angeles County Superior Court based on diversity jurisdiction. According to the allegations in the complaint, Plaintiff's property is located in San Diego and Defendant is a Delaware business entity with its principal place of business in North Carolina. (Complt. ¶ 4 [Doc. # 1].)

Federal venue law provides that a civil action may be brought in --

(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;

(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or

(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.

28 U.S.C. § 1391(b). "The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. § 1406(a). The Court has authority on its own motion to decide the venue issue and to dismiss the ...


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