Miranda et al v. America's Servicing Company et al

Filing 23

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 3/25/2010. This case is REMANDED back to Sacramento County Superior Court and Clerk directed directed to close this file. Action is TERMINATED and copy of this Order sent to Sacramento Superior Court. (Marciel, M)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action arises out of a mortgage loan transaction in which Plaintiffs Maria De Jesus Miranda and Onfre Murillo ("Plaintiffs") obtained a home loan in January 2006. Presently AMERICA'S SERVICING COMPANY, et. al., Defendants. ----oo0oo---MEMORANDUM AND ORDER MARIA DE JESUS MIRANDA and ONFRE MURILLO, No. 2:09-cv-02786-MCE-KJN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

before the Court are Motions by Defendant American Home Mortgage Servicing, Inc., and Defendants Mortgage Electronic Registration System, Inc., Wells Fargo Bank, N.A. d/b/a America's Servicing Company, and HSBC Bank USA (collectively "Defendants") to Dismiss the claims alleged against them in Plaintiffs' First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). 1

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Defendant American Home Mortgage Servicing, Inc. also moves for a more definite statement pursuant to Federal Rules of Civil Procedure 12(b)(e).1 Plaintiffs' initial Complaint alleged violations of both federal and state laws, including the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 et seq. ("RESPA"). However,

Plaintiffs subsequently filed a First Amended Complaint in which they abandon their federal claim. With only Plaintiffs' state law claims remaining, this Court ceases to have subject matter jurisdiction over the suit. The

Court declines to exercise its supplemental jurisdiction over the remaining state causes of action and they are dismissed without prejudice. The Court need not address the merits of Defendants'

Motions to Dismiss (Docket Nos. 15 and 16) as those issues are now moot. Defendant American Home Mortgage Servicing, Inc.'s motion

for a more definite statement (Docket No. 15) is also moot. For the reasons stated above, the case is REMANDED to Superior Court of California, County of Sacramento. directed to close the file. IT IS SO ORDERED. Dated: March 25, 2010 The Clerk is

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. E.D. Cal. Local Rule 230 (g). 2

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