The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
ORDER DISMISSING COMPLAINT WITH PREJUDICE AND VACATING HEARING [Motion filed on January 11, 2013]
Before the Court is a Motion to Dismiss filed by JPMorgan Chase Bank,
N.A. ("JPMorgan"), as successor by merger to Chase Manhattan
Corporation ("Chase Manhattan") (Doc. No. 8) ("Motion").*fn1
The Motion was filed on January 11, 2013. The Motion is
While Plaintiff's failure to file an opposition is consent to granting the Motion (see L.R. 7-12), the Court resolves the Motion on the merits.
The Court finds the Motion appropriate for resolution without a hearing, and accordingly vacates the February 25, 2013 hearing. See Fed. R. Civ. P. 78; Local R. 7-15. After consideration of the papers in support of the Motion, the Court GRANTS the Motion, and DISMISSES the Complaint WITH PREJUDICE.
Defendants filed a request for judicial notice with their Motion (Doc. No. 8) (the "Request"). Defendants request the Court take notice of the following eight documents: (1) a grant deed, recorded on March 25, 2002 (Ex. 1 to Request) (the "Grant Deed"); (2) a deed of trust, recorded on April 15, 2003 (Ex. 2 to Request) (the "Deed of Trust"); (3) a substitution of trustee, recorded on January 25, 2010 (Ex. 3 to Request) (the "Substitution of Trustee"); (4) a notice of default and election to sell the property at issue, recorded on January 25, 2010 (Ex. 4 to Request) (the "Notice of Default and Election to Sell the Property"); (5) a notice of trustee's sale, recorded on May 3, 2010 (Ex. 5 to Request) (the "Notice of Trustee's Sale I"); (6) a notice of trustee's sale, recorded on April 25, 2012 (Ex. 6 to Request) (the "Notice of Trustee's Sale II"); (7) the complaint filed in the first action ("First Action") by Plaintiff on June 4, 2012 (Ex. 7 to Request) ("First Complaint"); (8) the notice of removal in the First Action (Ex. 8 to Request) ("First Notice"); (9) the pleadings and papers filed in support of JPMorgan's motion to dismiss in the First Action (Ex. 9 to Request) ("First Motion"); (10) the Court's order granting the motion to dismiss in the First Action (Ex. 10 to Request) ("First Order"); and (11) the judgment entered by the Court dismissing the First Complaint (Ex. 11 to Request) ("First Judgment").
A court may take judicial notice of court filings and other matters of public record. See Reyn's Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006) (citing Burbank-Glendale-Pasadena Airport Auth. v. City of Burbank, 136 F.3d 1360, 1364 (9th Cir. 1998)). Defendants have provided a reference number for each document related to the Property, showing that they were in fact recorded; this demonstrates that the documents are public records. See Grant v. Aurora Loan Servs., Inc., 736 F. Supp. 2d 1257, 1264 (C.D. Cal. 2010); Velazquez v. GMAC Mortg. Corp., 605 F. Supp. 2d 1049, 1057--58 (C.D. Cal. 2008). Accordingly, the Court GRANTS judicial notice of these documents.
The real property that is the subject of this action is located in Loma Linda, California (the "Property"). On March 25, 2002, Plaintiff Fernando Miranda obtained title to the Property via the Grant Deed. (Ex. 1 to Request.) On April 15, 2003, Plaintiff obtained a residential loan in the amount of $194,268 (the "Loan") secured by the Deed of Trust, and Chase Manhattan was the lender. (Ex. 2 to Request.) On January 25, 2010, the Substitution of Trustee was recorded. (Ex. 3 to Request.) On January 25, 2010, Northwest (agent for Chase Manhattan) recorded the Notice of Default and Election to Sell the Property. (Ex. 4 to Request.) On May 3, 2010, the Notice of Trustee's Sale I was recorded, notifying Plaintiff that the Property would be sold on May 24, 2010. (Ex. 5 to Request.) On April 25, 2012, the Notice of Trustee's Sale II was recorded, notifying Plaintiff that the Property would be sold on May 16, 2012. (Ex. 6 to Request.)
On or about June 4, 2012, Plaintiff initiated the First Action by filing the First Complaint in California Superior Court. (Ex. 7 to Request.) Plaintiff asserted ten claims, all in connection with the Property.*fn2 (Id.)
On July 6, 2012, JPMorgan removed the First Action to this Court (case number EDCV12-01109). (Ex. 8 to Request.) On July 12, 2012, JPMorgan moved to dismiss the First Complaint. (Ex. 9 to Request.) On September 27, 2012, the Court granted JPMorgan's First Motion on the merits. (Ex. 10 to Request.) On the same day, the Court entered judgment dismissing Plaintiff's First Complaint with prejudice. (Ex. 11 to Request.)
On December 3, 2012, Plaintiff filed a complaint in California Superior Court (the "Second Complaint"), initiating this action (the "Second Action"). (Ex. 1 to Declaration of Patrick R. Mahoney ("Mahoney Declaration") (Doc. No. 3).) Plaintiff asserts six claims in the Second Complaint: (1) violation of Cal. Civ. Code § 2923.5 ("First Claim"); (2) fraud ("Second Claim"); (3) intentional misrepresentation ("Third Claim"); (4) violation of Cal. Civ. Code § 2923.6 ("Fourth Claim"); (5) violation of Cal. Civ. Code § 1572 ("Fifth Claim"); and (6) violation of Cal. Bus. & Prof. Code § 17200 ("Sixth Claim").
On January 4, 2013, JPMorgan removed the action to this Court. (See Not. of Removal (Doc. No. 1) ("Second Notice").) On January 11, 2013, JPMorgan filed the instant Motion. Plaintiff, ...