Teralyn Thao Nguyen, et al v. Countrywide Bank, a Division of Treasury Bank, N.A. et al

Filing 4

MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford:, ORDER DISMISSING CASE. Case Terminated. Made JS-6. (twdb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL
Case No.

SACV 11-0785 AG (ANx)

Title

TERALYN THOA NGUYEN, et al. v. COUNTRYWIDE BANK, et al.

Present: The
Honorable

June 7, 2011

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk

Not Present
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Proceedings:

Date

Tape No.

Attorneys Present for Defendants:

[IN CHAMBERS] ORDER DISMISSING CASE

Plaintiffs Teralyn Thao Nguyen and Cuong Dux Nguyen (“Plaintiffs”) filed a complaint
against Defendants Countrywide Bank, et al. (“Defendants”). Plaintiffs allege various
state law claims regarding the purchase of real property in Santa Clara County,
California.
The complaint fails to set forth the basis for this Court’s jurisdiction, as is required under
Federal Rule of Civil Procedure 8(a). On the civil cover sheet accompanying the
complaint, Plaintiffs’ counsel has checked off the box for federal question jurisdiction,
specifically citing the RICO statute. But a RICO claim appears nowhere in the complaint,
nor do Plaintiffs allege violation of any other federal statutes. In addition, the complaint
fails to explain why venue is proper in the Central District of California, when it appears
from the complaint that the property in question is not located in this district.
The Court has ongoing concerns about protecting plaintiffs’ rights in foreclosure-related
cases, and in particular the Court has concerns about valid claims being lost through the
sloppiness – or worse – of unprofessional lawyers.
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL
Case No.

SACV 11-0785 AG (ANx)

Date

June 7, 2011

Title

TERALYN THOA NGUYEN, et al. v. COUNTRYWIDE BANK, et al.

It does not appear that the Court has jurisdiction over this case as pleaded. The Court
DISMISSES the case without prejudice. The Court also ORDERS counsel for Plaintiffs
to send a copy of this Order to Plaintiffs themselves.

:
Initials of
Preparer

CIVIL MINUTES - GENERAL
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