Julio Gonzalez-Reyes et al v. U.S. Bank National Association et al

Filing 7

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. Response to Order to Show Cause due by 2/7/2014. (vdr)

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

CV 14-0233 FMO (JEMx)

Title

Julio Gonzalez-Reyes, et al. v. U.S. Bank, N.A., et al.

Present: The Honorable

Date

January 28, 2014

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:
(In Chambers) Order to Show Cause Re: Dismissal
On January 10, 2014, plaintiffs filed a Complaint in this court. However, the jurisdictional
allegations appear to be defective because the statute of limitations on the sole federal claim,
brought pursuant to the Truth in Lending Act (“TILA”), 15 U.S.C. § 1641(g), has already expired.
See 15 U.S.C. § 1640(e) (“[A]ny action under this section may be brought in any United States
district court . . . within one year from the date of the occurrence of the violation[.]”). Moreover,
because plaintiffs have not disclosed the date on which they discovered the alleged fraud and/or
nondisclosures that form the basis of their federal claim, it is unclear whether equitable tolling is
applicable. See King v. State of Cal., 784 F.2d 910, 915 (9th Cir. 1986), cert. denied, 484 U.S.
802, 108 S.Ct. 47 (1987) (“[E]quitable tolling may, in appropriate circumstances, suspend the
limitations period until the borrower discovers or had reasonable opportunity to discover the fraud
or nondisclosures that form the basis of the TILA action.”). Accordingly, IT IS ORDERED that:
1. No later than February 7, 2014, plaintiffs shall either file: (1) a First Amended Complaint
addressing the deficiencies noted above; or (2) show cause in writing why this action should not
be dismissed for the reasons noted above. Failure to submit a response by the deadline set forth
above may be deemed as consent to the dismissal of the action without prejudice. Defendants
may submit a response in the same time period.
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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vdr

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