Romero, et al., v. CitiMortgage, Inc. et al

Filing 72

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 6/9/10 ORDERING that this matter is REMANDED to Sacramento County Superior Court. Copy of remand order sent. CASE CLOSED. (Mena-Sanchez, L)

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 Jorge Romero and Lucia Orozco ("Plaintiffs") financed their home in 2006. Presently before the Court is a INDYMAC FEDERAL BANK; CITIMORTGAGE; SECURITY MORTGAGE FUNDING CORP.; QUALITY LOAN SERVICE CORP.; ONEWEST BANK, FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; HUONG LO; and DOES 1-20 INCLUSIVE, Defendants. ----oo0oo---MEMORANDUM AND ORDER JORGE ROMERO and LUCIA OROZCO, No. 2:09-cv-02889-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Motion by Plaintiffs seeking leave to file an Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a). /// /// 1

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Plaintiffs state that they are unable to allege appropriate facts to support their causes of action under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA") and the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 et seq. ("RESPA"). They therefore seek leave to amend so as to remove

their TILA and RESPA claims from the complaint. 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 Plaintiffs'

Motion to Amend (Docket No. 61) as those issues are now moot. For the reasons stated above, this case is hereby dismissed without prejudice for lack of subject matter jurisdiction.1 The

matter is REMANDED to Superior Court of California, County of Sacramento. The Clerk is directed to close the file.

IT IS SO ORDERED. Dated: June 9, 2010

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

Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). 2

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