Edgar Edusada v. Bank of America, N.A. et al

Filing 12

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO THE SOUTHERN DISTRICT OF CALIFORNIA by Judge Dolly M. Gee: The parties are hereby ORDERED TO SHOW CAUSE why this action should not be transferred to the United States District Court for the Southern District of California for the convenience of the parties and witnesses, and in the interest of justice. The parties shall file a response to this Order, in writing not to exceed 15 pages, no later than 9/5/2012. Failure to timely respond to this Order will result in the transfer of this action. See document for details. Court Reporter: Not Reported. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

Date

CV 12-06874 DMG (CWx)

Title Edgar Edusada v. Bank of America, N.A., et al.
Present: The Honorable

August 22, 2012
Page

1 of 3

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE TRANSFERRED TO THE SOUTHERN DISTRICT OF
CALIFORNIA
Before this Court is a complaint by Plaintiff Edgar Edusada, seeking relief from
Defendant Bank of America, N.A.. The complaint raises claims for unfair competition, Cal. Bus.
& Prof. Code § 17200 et seq., and false and misleading advertising, Cal. Bus. & Prof. Code §
17535, arising out of Defendants’ allegedly false advertisements regarding a hiatus on
foreclosure sales. On August 9, 2012, Defendant removed this action from the Los Angeles
County Superior Court based on diversity jurisdiction. According to the allegations in the
complaint, Plaintiff’s property is located in San Diego and Defendant is a Delaware business
entity with its principal place of business in North Carolina. (Complt. ¶ 4 [Doc. # 1].)
Federal venue law provides that a civil action may be brought in –
(1) a judicial district in which any defendant resides, if all defendants are residents
of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving
rise to the claim occurred, or a substantial part of property that is the subject of
the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided
in this section, any judicial district in which any defendant is subject to the court’s
personal jurisdiction with respect to such action.
28 U.S.C. § 1391(b). “The district court of a district in which is filed a case laying venue in the
wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to
any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). The Court

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

CV 12-06874 DMG (CWx)

Date

August 22, 2012

Title Edgar Edusada v. Bank of America, N.A., et al.

Page

2 of 3

has authority on its own motion to decide the venue issue and to dismiss the action before a
responsive pleading is filed. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986).
The parties are hereby ORDERED TO SHOW CAUSE why this action should not be
transferred to the United States District Court for the Southern District of California for the
convenience of the parties and witnesses, and in the interest of justice. See 28 U.S.C. §§ 124(a),
1404(a). All factual matters relied upon in the parties’ submissions must be supported by
appropriate declarations and admissible evidence. To assist the Court in determining whether
transfer is appropriate and in the interest of justice, the parties are directed to address the
following, in addition to sharing their beliefs as to which forum is more convenient for the
parties and witnesses:
(1)

(2)

Whether venue is appropriate in the Southern District of California;

(3)

What contacts, if any, each of the parties has to the Central District of California
and to the Southern District of California. The parties should include information
such as the location of their residence, administrative offices, real property,
sources of revenue, and points of public contact;

(4)

What connection Plaintiffs’ causes of action have to the Central District of
California and to the Southern District of California;

(5)

Which witnesses are expected to be called and where they reside;

(6)

The availability of compulsory process to compel attendance of unwilling nonparty witnesses in the Central District of California as compared to the Southern
District of California;

(7)

The ease of access to sources of proof in each of the two forums;

(8)

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Whether this action could have been brought in the Southern District of
California;

The expected difference in the cost of litigation in the Central District of
California as compared to the Southern District of California; and

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

CV 12-06874 DMG (CWx)

Title Edgar Edusada v. Bank of America, N.A., et al.
(9)

Date

August 22, 2012
Page

3 of 3

Whether there are any alternative forums, other than the Central District of
California or the Southern District of California, that would be more convenient
for this action and why, keeping in mind the inquiries above.

The parties shall file a response to this Order, in writing not to exceed 15 pages, no later
than September 5, 2012. Failure to timely respond to this Order will result in the transfer of this
action.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv