Alfred McZeal, Jr. v. Blue Castle Cayman LTD et al

Filing 30

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ALFRED MCZEAL, JR., Plaintiff, 12 13 14 15 16 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. 17 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the 20 motions to dismiss for a more definite statement and for failure to state a 21 claim for relief filed by Defendants Blue Castle (Cayman) Ltd., Steven 22 Daniels, Daniels Homes Investments, LLC, Mathew Braucher and Braucher 23 & Associates (collectively, the “Defendants”), the records on file, the Report 24 and Recommendation of United States Magistrate Judge (“Report”), Plaintiff’s 25 Objections, Opposition, and Declaration to the Report, and Plaintiff’s request 26 for judicial notice. [Dkt. Nos. 1, 9, 12-15, 20-23, 26.] 27 28 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 1 recommendations of the Magistrate Judge and adopts them as its own 2 findings and conclusions. 3 IT IS THEREFORE ORDERED as follows: 4 1. Defendants’ motion to dismiss the First and Second causes of action 5 of the Complaint for “fraud-fraudulent foreclosure deed dated March 10, 6 2023 in the amount of $800,000 and recorded [on] March 17, 2023” and 7 “complaint to set-aside a void and fraudulent foreclosure deed” is 8 granted with leave to amend; 9 2. Defendants’ motion to dismiss the Third, Fourth, Fifth, Sixth, and 10 Seventh causes of action for violations of 42 U.S.C. §§ 1981, 1983, 1985, 11 and 1986 and the RICO Act is granted, and the claims are dismissed 12 with prejudice; 13 3. Defendants’ motion to dismiss the Eighth and Ninth causes of action 14 is granted without prejudice as to Plaintiff bringing these claims in 15 Massachusetts; 16 4. Defendants’ motion to dismiss the Tenth, Eleventh, Twelfth, and 17 Thirteenth causes of action is granted without prejudice; and 18 5. Defendants’ motion to dismiss for a more definite statement is denied 19 20 21 22 23 as moot. DATED: January 28, 2025 HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?