Alfred McZeal, Jr. v. Blue Castle Cayman LTD et al
Filing
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ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge R. Gary Klausner. 20 IT IS THEREFORE ORDERED as follows: 1. Defendants motion to dismiss the First and Second causes of act ion of the Complaint for fraud-fraudulent foreclosure deed dated March 10, 2023 in the amount of $800,000 and recorded [on] March 17, 2023 and complaint to set-aside a void and fraudulent foreclosure deed is granted with leave to amend. [See Order for further details.] (san)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ALFRED MCZEAL, JR.,
Plaintiff,
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v.
BLUE CASTLE (CAYMAN) LTD., et
al.,
Case No. 2:24-cv-06520-RGK-PD
ORDER ACCEPTING REPORT
AND ADOPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE
Defendants.
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the
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motions to dismiss for a more definite statement and for failure to state a
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claim for relief filed by Defendants Blue Castle (Cayman) Ltd., Steven
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Daniels, Daniels Homes Investments, LLC, Mathew Braucher and Braucher
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& Associates (collectively, the “Defendants”), the records on file, the Report
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and Recommendation of United States Magistrate Judge (“Report”), Plaintiff’s
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Objections, Opposition, and Declaration to the Report, and Plaintiff’s request
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for judicial notice. [Dkt. Nos. 1, 9, 12-15, 20-23, 26.]
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The Court has conducted a de novo review of the portions of the Report
to which Objections were directed. The Court accepts the findings and
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recommendations of the Magistrate Judge and adopts them as its own
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findings and conclusions.
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IT IS THEREFORE ORDERED as follows:
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1. Defendants’ motion to dismiss the First and Second causes of action
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of the Complaint for “fraud-fraudulent foreclosure deed dated March 10,
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2023 in the amount of $800,000 and recorded [on] March 17, 2023” and
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“complaint to set-aside a void and fraudulent foreclosure deed” is
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granted with leave to amend;
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2. Defendants’ motion to dismiss the Third, Fourth, Fifth, Sixth, and
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Seventh causes of action for violations of 42 U.S.C. §§ 1981, 1983, 1985,
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and 1986 and the RICO Act is granted, and the claims are dismissed
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with prejudice;
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3. Defendants’ motion to dismiss the Eighth and Ninth causes of action
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is granted without prejudice as to Plaintiff bringing these claims in
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Massachusetts;
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4. Defendants’ motion to dismiss the Tenth, Eleventh, Twelfth, and
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Thirteenth causes of action is granted without prejudice; and
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5. Defendants’ motion to dismiss for a more definite statement is denied
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as moot.
DATED: January 28, 2025
HON. R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE
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