UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 23, 2013
TITLE: SERAPIO LUMAUIG, ET AL.
BANK OF NEW YORK MELLON, ET AL.
The opinion of the court was delivered by: Honorable Cormac J. Carney, United States District Judge
CIVIL MINUTES -- GENERAL
PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie N/A Deputy Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
None Present None Present
PROCEEDINGS: (IN CHAMBERS) ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
On April 1, 2013, plaintiffs Serapio Lumauig and Consolacion Lumauig (together, "Plaintiffs") filed this action against defendant The Bank of New York Mellon as Trustee, etc., et al., asserting several causes of action related to the property at 12686 Lanakila Lane, Garden Grove, CA 92841. After reviewing the Complaint, the Court was concerned that Plaintiffs failed to state a claim upon which relief could be granted. Specifically, the Court was concerned that Plaintiffs' claims were based on theories that had been consistently rejected by other courts or were not pleaded with the requisite specificity. Accordingly, on April 8, 2013, the Court issued an order to show cause why the case should not be dismissed for failure to state a claim. (Dkt. No. 4.) Plaintiffs were required to file an opposition to the Court's Order by April 22, 2013, yet failed to respond. Accordingly, the Court DISMISSES Plaintiffs' action for their failure to prosecute and comply with the Court's April 8, 2013 Order.
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