Ruth C Delgado et al v. Wilshire State Bank et al

Filing 13

ORDER re MOTION to Dismiss Complaint 6 by Judge Manuel L. Real. The Court having considered the motion, all papers filed in support thereof and for reasons as stated on the records, GRANTS the motion to dismiss the complaint; further, the Court declines to retain jurisdiction over any remaining state law claims. The motion to strike or for more definite statement is denied as moot. Plaintiffs complaint is hereby dismissed with prejudice. IT IS SO ORDERED. (Case Terminated. Made JS-6.) (kti)

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John H. Choi, SBN 149418
KIM, PARK, CHOI & YI
a Professional Law Corporation
3435 Wilshire Blvd., Suite 2150
Los Angeles, CA 90010-2002
Tel: [phone]
Fax: [phone]
[e-mail]

JS-6

Attorneys for Defendants
Wilshire State Bank, Wilshire Bancorp, Inc.,
and Asset Foreclosure Services, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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RUTH C. DELGADO, an individual;
WALLY A. DELGADO, an
individual,

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Plaintiffs,

Kim Park Choi& Yi

3435 Wilshire Blvd., Suite 2150
Los Angeles, CA 90010-2002

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vs.
WILSHIRE STATE BANK, a
subsidiary of WILSHIRE
BANCORP, INC.; WILSHIRE
BANCORP; WILSHIRE STATE
BANK, a California state-chartered
bank; WILSHIRE STATE BANK as
successor in interest to MIRAE
BANK; ASSET FORECLOSURE
SERVICES, INC.; and DOES 1
through 10, inclusive,
Defendant.

Case No.: 2:13-cv-1181-R-CW
ORDER GRANTING
DEFENDANTS’ MOTION TO
DISMISS COMPLAINT
PURSUANT TO FRCP 12(b)(1)

Date: April 15, 2013
Time: 10:00 a.m.
Ctrm.: 8, The Honorable
Manuel L. Real

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The motion of Defendants, Wilshire State Bank, Wilshire Bancorp, Inc. and

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Asset Foreclosure Services, Inc., (collectively “Defendants”), to dismiss, to strike

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and for more definitive statement came on regularly for hearing before this Court

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on April 15, 2013. Appearances were as noted on the record.

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The Court having considered the motion, all papers filed in support thereof

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and for reasons as stated on the records, GRANTS the motion to dismiss the

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complaint; further, the Court declines to retain jurisdiction over any remaining

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1) - 1

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state law claims. The motion to strike or for more definite statement is denied as

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moot.

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Plaintiffs’ complaint is hereby dismissed with prejudice.

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IT IS SO ORDERED.

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Dated: April 18, 2013
Honorable Manuel L. Real
U.S. District Court Judge

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Kim Park Choi& Yi

3435 Wilshire Blvd., Suite 2150
Los Angeles, CA 90010-2002

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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1) - 2

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CERTIFICATE OF SERVICE

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I, Christine Wong, declare as follow:

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I am employed in the county of Los Angeles, State of California. I am over the age
of 18 and not a party to the within action; my business address is: 3435 Wilshire
Blvd., Suite 2150, Los Angeles, CA 90010-1930.

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On April 16, 2013 , I served the foregoing document described as

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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS COMPLAINT
PURSUANT TO FRCP 12(b)(1)
on interested parties in this action

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by placing the true copies thereof enclosed in sealed envelopes addressed as
stated on the attached mailing list:
by placing
the original
envelopes addressed as follows:

a true copy thereof enclosed in sealed

Ruth C. Delgado (Plaintiff in Pro Se)
3923 Durfee Avenue
El Monte, CA 91732
818-388-5183

Wally A. Delgado (Plaintiff in Pro Se)
3923 Durfee Avenue
El Monte, CA 91732
818-388-5183

Kim Park Choi& Yi

3435 Wilshire Blvd., Suite 2150
Los Angeles, CA 90010-2002

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BY MAIL
I deposited such envelope in the mail at
Los
Angeles
,
California.
The envelope was mailed with postage thereon fully prepaid.
As follows: I am familiar with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
with U.S. postal service on that same day with postage thereon fully prepaid at Los
Angeles, California in the ordinary course of business. I am aware that on motion
of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in
affidavit.
BY PERSONAL SERVICE: I delivered such envelope by hand to the
offices of the addressee.

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(Federal) I declare that I am employed in the office of a member of the bar
of this court at whose direction the service was made.

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Executed on

April 16, 2013

, at

Los Angeles

, California.

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Christine L. Wong
Type or Print Name

/s/Christine Wong
Signature

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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1) - 3