Ronald Gossett v. Amtrust Bank et al

Filing 5

MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney TO SHOW CAUSE WHY THISCASE SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM. Plaintiff shall file an opposition to the Courts order to show cause by August 24, 2012. Defendants shall then have until August 31, 2012 to file a response. This matter will be decided on the papers without any hearing. (db)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-01259-CJC(JPRx)

Date: August 10, 2012

Title: RONALD GOSSETT v. AMTRUST BANK, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM
Plaintiff filed this action against Defendants asserting eleven causes of action,
including one sounding in fraud, relating to the non-judicial foreclosure process initiated
on his property. Based upon a review of the complaint, it appears that Plaintiff’s claims
fail to state a claim, primarily because Plaintiff’s claims rely on allegations that
Defendants do not have an interest in Plaintiff’s property because of the securitization
process, a theory which courts have repeatedly rejected. Plaintiff’s allegations also
merely state the elements of their causes of action and do not provide sufficient facts to
give Defendants notice of the nature of the allegations against them. Accordingly, the
Court orders Plaintiff to show cause why this case should not be dismissed for failure to
allege any cognizable claim. Plaintiff shall file an opposition to the Court’s order to
show cause by August 24, 2012. Defendants shall then have until August 31, 2012 to file
a response. This matter will be decided on the papers without any hearing.

jsk
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk MU