United States District Court, E.D. California
CESAR A. BETANCOURT, Plaintiff,
NEW CENTURY MORTGAGE CORPORATION, WELLS FARGO BANK, AMERICAN'S SERVICING CO., AND FIRST AMERICAN TITLE, Defendants.
ORDER DISMISSING COMPLAINT WITH LEAVE TO
K. OBERTO UNITED STATES MAGISTRATE JUDGE
Cesar A. Betancourt, proceeding pro se, alleges a
single claim of mortgage fraud against Defendants New Century
Mortgage Corporation, Wells Fargo Bank, American's
Servicing Co., and First American Title. This matter has been
referred to a magistrate judge pursuant to 28 U.S.C. §
636(b) and Local Rules 302 and 304.
has inherent power to control its docket and the disposition
of its cases with economy of time and effort for both the
court and the parties. Landis v. North American Co.,
299 U.S. 248, 254-55 (1936); Ferdik v. Bonzelet, 963
F.2d 1258, 1260 (9th Cir. 1992). Accordingly, the
Court screens all complaints filed by plaintiffs proceeding
in propria persona to ensure that the complaint is
not frivolous or malicious, states a claim upon which relief
may be granted, and does not seek monetary relief from a
defendant who is immune from such relief.
any filing fee, or any portion thereof, that may have been
paid, the court shall dismiss the case at any time if the
court determines that . . . the action or appeal . . . fails
to state a claim upon which relief may be granted.” 28
U.S.C. § 1915(e)(2)(B)(ii).
8(a)'s simplified pleading standard applies to all civil
actions, with limited exceptions, ” none of which
applies here. Swierkiewicz v. Sorema N.A., 534 U.S.
506, 512 (2002). Pursuant to Rule 8(a), a complaint must
contain “a short and plain statement of the claim
showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a). “Such a statement must simply give
the defendant fair notice of what the plaintiff's claim
is and the grounds upon which it rests.”
Swierkiewicz, 534 U.S. at 512. Detailed factual
allegations are not required, but “[t]headbare recitals
of the elements of the cause of action, supported by mere
conclusory statements, do not suffice.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citing Ball
Atlantic Corp. v. Twombly, 550 U.S. 554, 555 (2007).
“Plaintiff must set forth sufficient factual matter
accepted as true, to ‘state a claim that is plausible
on its face.'” Iqbal, 556 U.S. at 678
(quoting Twombly, 550 U.S. at 555). While factual
allegations are accepted as true, legal conclusions are not.
Twombly, 550 U.S. at 555.
accepted as true, “[f]actual allegations must be
[sufficient] to raise a right to relief above the speculative
level.” Id. (citations omitted). A plaintiff
must set forth “the grounds of his entitlement to
relief, ” which “requires more than labels and
conclusions, and a formulaic recital of the elements of a
cause of action.” Id. at 555-56 (internal
quotation marks and citations omitted). To adequately state a
claim against a defendant, a plaintiff must set forth fully
the legal and factual basis for his claim.
the caption of the complaint includes four defendants, the
factual allegations refer to only two: New Century Mortgage
Corporation and Wells Fargo Bank. If Plaintiff intends to
include American's Servicing Co. and First American Title
in his claim of mortgage fraud, he must allege facts tying
these defendants to his claim. In addition, the body of the
complaint identifies Quality Loan Services Corp. as a
defendant but does not include Quality Loan Services Corp. as
a defendant in the caption. Should Plaintiff file an amended
complaint, as this order permits him to do, he must (1) name
all defendants in the caption and (2) include factual
allegations against each defendant in the body of the
Federal Question Jurisdiction
complaint does not identify the federal statute upon which
federal question jurisdiction is premised. The amended
complaint should identify the federal statute under which the
mortgage fraud claim proceeds.
Sufficiency of the ...