Beatriz Zamora v. Citimortgage, Inc. et al

Filing 43

AMENDED MINUTES 42 held before Judge Otis D Wright, II. RE: (1) DEFENDANTCITIMORTGAGE INC.S MOTION TO DISMISS 37 ;(2) DEFENDANT SUMMIT EQUITY FUNDS MOTION TO DISMISS 4 ; AND PLAINTIFFS MOTION FOR DEFAULT JUDGMENT 33 .Plaintiff failed to file time ly opposition briefs as required by Local Rule 7-9. The Court deems such failure as Plaintiffs consent to the granting of the motions pursuant Local Rule 7-12. Accordingly, the Court GRANTS the instant motions and DISMISSES Plaintiffs complaint as to Defendants Citimortgage and Summit for the reasons stated in the moving papers. Becauseamendment of the complaint appears to be futile, the Complaint IS DISMISSED WITHOUT LEAVE TO AMEND as to Citimortgage and Summit. Plaintiffs Motion for Default Judgment against Defendant Loan Express Lending, Inc., which is set for hearing on July 26, 2010, is taken under submission. An order shall issue 33 .IT IS SO ORDERED (lc)

-FMO Beatriz Zamora v. Citimortgage, Inc. et al

Doc. 43

O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
**AMENDED** CIVIL MINUTES - GENERAL Case No. Title CV 10-3636 ODW (FMOx) Zamora v. Citimortgage, Inc. et al. Date July 20, 2010

Present:

The Honorable Otis D. Wright II, United States District Judge Raymond Neal Deputy Clerk Not Present Court Reporter n/a Tape No.

Attorneys Present for Plaintiff(s): Not Present Proceedings (In Chambers):

Attorneys Present for Defendant(s): Not Present

AMENDED ORDER RE: (1) DEFENDANT CITIMORTGAGE INC.'S MOTION TO DISMISS [37]; (2) DEFENDANT SUMMIT EQUITY FUND'S MOTION TO DISMISS [4]; AND PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT [33]. The matter is before the Court on Defendants Citimortgage, Inc.'s ("Citimortgage") and Defendant Summit Equity Fund LLC's ("Summit") Motion to Dismiss the Complaint of Plaintiff Beatriz Zamora ("Plaintiff") for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("Rule__"). The Court deems the matter appropriate for decision without oral argument pursuant to Rule 78 and Local Rule 7-15. Plaintiff failed to file timely opposition briefs as required by Local Rule 7-9. The Court deems such failure as Plaintiff's consent to the granting of the motions pursuant Local Rule 7-12. Accordingly, the Court GRANTS the instant motions and DISMISSES Plaintiff's complaint as to Defendants Citimortgage and Summit for the reasons stated in the moving papers. Because amendment of the complaint appears to be futile, the Complaint IS DISMISSED WITHOUT LEAVE TO AMEND as to Citimortgage and Summit. Plaintiff's Motion for Default Judgment against Defendant Loan Express Lending, Inc., which is set for hearing on July 26, 2010, is taken under submission. An order shall issue. (Docket No. 33.)

IT IS SO ORDERED.
---Initials of Preparer RGN : 00

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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