Sterner v. Heartland Bank of Clayton et al.,

Filing 13

ORDER signed by Judge Morrison C. England, Jr on 4/8/10 ORDERING that defts HSBC Mortgage Services, Inc. and Housekey Financial Corporation are DISMISSED from this action for lack of subject matter jurisdiction. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 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). 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CARLA M. STERNER No. 2:09-cv-03150-MCE-EFB Plaintiff, v. HEARTLAND BANK OF CLAYTON; HSBC MORTGAGE SERVICES, INC.; ARCH HOME LOANS, INC.; ROSS M. FORRY; AND DOES 1-20 inclusive, MEMORANDUM AND ORDER

----oo0oo---This action arises out of a mortgage loan transaction in which Plaintiff Carla M. Sterner ("Plaintiff") obtained a home loan in November 2006. Presently before the Court is a Motion by

Defendants HSBC Mortgage Services, Inc. and Housekey Financial Corporation ("Defendants") to Dismiss the claims alleged against them in Plaintiff's 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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff's First Amended Complaint alleged violations of both federal and state laws, including 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"). However,

Plaintiff subsequently filed an Opposition to Defendants' Motion to Dismiss in which she concedes to dismissal of all causes of action except for the claims of Fraud and violation of California Business and Professions Code §17200. With only state law claims remaining, this Court ceases to have subject matter jurisdiction over Plaintiff's suit against Defendants. 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 No. 7) as those issues are now moot. For the reasons stated above, the case against Defendants is dismissed for lack of subject matter jurisdiction. The Clerk is

directed to terminate HSBC Mortgage Services, Inc. and Housekey Financial Corporation. IT IS SO ORDERED. Dated: April 8, 2010

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

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