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Ermenejilda Dhawan v. Juan Ruelas

February 5, 2013

ERMENEJILDA DHAWAN,
PLAINTIFF,
v.
JUAN RUELAS, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (Docs. 1, 2, 3)

I. MOTION TO PROCEED IN FORMA PAUPERIS

By application filed February 1, 2013, Plaintiff Ermenejilda Dhawan has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2). Plaintiff has submitted a declaration that makes the showing required by § 1915 (a). Accordingly, the request to proceed in forma pauperis IS GRANTED. 28 U.S.C. § 1915 (a).

II. INTRODUCTION

Plaintiff "Ermenejilda Dhawan, a living soul, not a corporation" ("Plaintiff"), appearing pro se and informa pauperis, filed the instant action on January 28, 2013. On February 1, 2013, Plaintiff filed an amended complaint. First Amended Complaint ("FAC"), (Doc. 3). Plaintiff's amended complaint is entitled "Replevin in Detinet" and names the following Defendants in the caption: (1) "Juan Ruelas, individually and in his official capacity as President of STAR HOUSING PROJECT, Inc." (2) "Jeff S. Shepard individually and in his official capacity as a Calif. Public BAR Attorney, representing Juan G. Ruelas, (3) Brian T. Moyhihan and/or successors, individually and in his official capacity as Pres/CEO of BAC HOME LOANS SERVICING & BANK OF AMERICA N.A., (4) "James F. Taylor or successor(s), as PRES. OF FIN. & ADMIN. OF RECONTRUST COMPANY, N.A.; (5) BRUCE PARADIS, and/or his successor individually, and in his official capacity as PRES/CEO of HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC." (6) ANGELO MOZILO, and/or his successor, individually, and in his official capacity as PRES/CEO OF COUNTRYWIDE HOME LOANS, INC.; (7) R.K. ARNOLD, and/or his successor, individually, and in his official capacity as PRES/CEO OF MORTGAGE ELECTORNIC REGISTRATION SYSTEMS, INC. and (9) JOHN DOES (Investors) 1-10,000, Et. Al."

DISCUSSION

A. Screening Standard

Pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of the complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof if the court determines that the action is legally "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies of the complaint can be cured by amendment.

Fed. R. Civ. P. 8(a) provides:

A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

A complaint must contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity overt acts which the defendants engaged in that support Plaintiff's claim. Id. Although a complaint need not outline all elements of a claim, it must be possible to infer from the allegations that all elements exist and that there is entitlement to relief under some viable legal theory. Walker v. South Cent. Bell Telephone Co., 904 F.2d 275, 277 (5th Cir. 1990); Lewis v. ACB Business Services, Inc., 135 F.3d 389, 405-06 (6th Cir. 1998).

In reviewing a complaint under this standard, the Court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 (1976), construe the pro se pleadings liberally in the light most favorable to the Plaintiff, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and resolve all doubts in the Plaintiff's favor, Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).

B. Plaintiff's Allegations

Plaintiff's amended complaint is mainly comprised of archaic legal terms and nonsensical statements. Reading her complaint carefully, however, it appears that she is alleging an unlawful foreclosure. From the portions of the amended complaint that are understandable, it seems that Plaintiff purchased property located at 2283 N. Lodi Ave. Fresno, California, on April 30, 2008. FAC ΒΆ ...


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