Roberto Ruiz v. Chase Manhattan Mortgage Corporation et al

Filing 7

MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting 5 Defendants' Motion to Dismiss: Based on the foregoing, this Court: 1. GRANTS Defendant Chase's and Defendant MERS's Motion to Dismiss Plaintiff's First Amended Complaint, and 2. dismisses this case with prejudice. (see document for further details) (MD JS-6. Case Terminated) (bm)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Link 5/ JS-6 CIVIL MINUTES - GENERAL Case No. Title CV 09-7683 PSG (FFMx) Date December 23, 2009

Roberto Ruiz v. Chase Manhattan Mortgage Corporation et al.

Present:

The Honorable Philip S. Gutierrez, United States District Judge Not Present Court Reporter n/a Tape No.

Wendy K. Hernandez Deputy Clerk Attorneys Present for Plaintiff(s): Not Present Proceedings:

Attorneys Present for Defendant(s): Not Present

(In Chambers) Order GRANTING Defendants' Motion to Dismiss

On September 9, 2009, Plaintiff Roberto Ruiz ("Plaintiff") filed this suit against Defendants Chase Manhattan Mortgage Corporation and Mortgage Electronic Registration Systems, Inc. ("MERS"), erroneously sued as Mortgage Electronic Registration Systems. Plaintiff's First Amended Complaint purports to assert claims for declaratory relief, fraud, unconscionability, breach of good faith covenant, an accounting, and an injunction. On October 29, 2009, MERS and Chase Home Finance LLC ("Chase"), as successor by merger to Chase Manhattan Mortgage Corporation (collectively, "Defendants"), brought this Motion to Dismiss Plaintiff's First Amended Complaint ("Motion"), seeking to have all claims against Defendants dismissed with prejudice. Under Local Rule 7-9, Plaintiff was required to file and serve an opposition to the Motion by December 21, 2009. Plaintiff did not file an opposition by that date. Pursuant to Local Rule 7-12, the Court deems Plaintiff's failure to file a timely opposition to be consent to the granting of Defendants' Motion. See L.R. 7-12. Accordingly, the Court grants Defendants' Motion To Dismiss Plaintiff's First Amended Complaint. Based on the foregoing, this Court: 1. 2.
CV-90 (06/04)

GRANTS Defendant Chase's and Defendant MERS's Motion to Dismiss Plaintiff's First Amended Complaint, and dismisses this case with prejudice.
CIVIL MINUTES - GENERAL Page 1 of 2

O
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Link 5/ JS-6 CIVIL MINUTES - GENERAL Case No. Title CV 09-7683 PSG (FFMx) Date December 23, 2009

Roberto Ruiz v. Chase Manhattan Mortgage Corporation et al.

IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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