Cortez et al v. Wells Fargo, N.A. et al

Filing 11

ORDER DISMISSING CASE without Leave to Amend for Lack of Jurisdiction, signed by District Judge Lawrence J. O'Neill on 09/18/14. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDISON CORTEZ, et al.,

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1:14-cv-01060-LJO-SAB

Plaintiffs,

ORDER DISMISSING COMPLAINT
FOR LACK OF JURISDICTION

v.
WELLS FARGO, N.A., et al.,
Defendants.

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Edison Cortez and Severina Cortez (“Plaintiffs”), acting pro se, filed this complaint against

13 Wells Fargo N.A, Eric Juarez, Barrett Daffin Frappier & Weiss, LLP, and Does 1-50 (“Defendants”) for
14 intentional misrepresentation and unfair and deceptive business practices in violation of California Civil
15 Code § 2924 and fraud in violation of 18 U.S.C. §§ 1001, 1341, and 1343. Plaintiffs also named Orchard
16 Terrace Estates, LLC as a Third-Party Defendant (“Third-Party Defendant”). Doc. 1. In a July 11, 2014
17 Order, United States Magistrate Judge Stanley A. Boone found that the complaint should be dismissed
18 for failure to state a claim, and provided Plaintiffs with an opportunity to submit a written memorandum
19 opposing dismissal along with a proposed amended complaint. Doc. 4.
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A district court may dismiss a claim sua sponte under Federal Rule of Civil Procedure 12(b)(6) if

21 the Court gives notice of its intention to dismiss and affords the plaintiff an opportunity to submit a
22 written memorandum in opposition to sua sponte dismissal. Lee v. City of Los Angeles, 250 F.3d 668,
23 683 n.7 (9th Cir. 2001). Moreover, district courts have authority to dismiss actions sua sponte for lack of
24 jurisdiction. Franklin v. Or. State Welfare Division, 662 F.2d 1337, 1342 (9th Cir. 1981).
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Magistrate Judge Boone’s July 11 Order articulated valid reasons why this Court does not have

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jurisdiction over Plaintiffs’ complaint. Magistrate Judge Boone afforded Plaintiffs an opportunity to

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submit a memorandum opposing dismissal. Plaintiffs failed to respond. Accordingly and for the reasons

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set forth in Magistrate Judge Boone’s July 11 Order, the Complaint is DISMISSED WITHOUT LEAVE

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TO AMEND. The Clerk of Court is directed to close this case and administratively terminate the

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pending motion to dismiss (Doc. 5).

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SO ORDERED
Dated: September 18, 2014

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/s/ Lawrence J. O’Neill
United States District Judge

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