UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
October 31, 2012
TITLE: JONATHAN R. CAGUIOA, ET AL.
BANK OF AMERICA, N.A., ET AL.
The opinion of the court was delivered by: Present: Honorable Cormac J. Carney, United States District Judge
CIVIL MINUTES -- GENERAL
Nancy Boehme 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
Plaintiffs filed this action against Defendants asserting six causes of actions related to a mortgage on their property. Based upon a review of the Complaint, it appears that Plaintiffs fail to state a claim upon which relief can be granted. More specifically, Plaintiffs' claims rely entirely on allegations that Defendants do not have an interest in Plaintiffs' property because of the securitization process, a theory which courts have repeatedly rejected. Accordingly, the Court orders Plaintiffs to show cause why this case should not be dismissed for failure to allege any cognizable claim. Plaintiffs shall file an opposition to the Court's order to show cause by November 14, 2012. Defendants shall then have until November 21, 2012 to file a response. This matter will be decided on the papers without any hearing.
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