Sunbelt Rentals, Inc. et al v. Hawks Truck Stop et al

Filing 5

ORDER signed by Judge Morrison C. England, Jr on 4/26/10: 3 Motion to Dismiss is hereby GRANTED. Defendants Greater Sacramento Certified Development Corporation and U.S. Small Business Administration are dismissed from this lawsuit. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 HAWKS TRUCK STOP, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ----oo0oo---Through the present action, Plaintiff Sunbelt Rentals ("Plaintiff") seeks to foreclose a mechanic's lien for real property located in Sacramento after Defendants Hawks Truck Stop, Makhan Virk and Pritpal Kahur allegedly breached their contract with Plaintiff on August 28, 2009. Plaintiff's lien on the See Exhibit A v. SUNBELT RENTALS a.k.a. Nations Rent, a North Carolina Corporation, Plaintiff, ORDER No. 2:10-cv-0690-MCE-GGH UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

subject property was recorded on November 2, 2009. to Pl.'s Comp. /// /// /// 1

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Also named as Defendants in Plaintiff's action are the United States Small Business Administration ("SBA") and its predecessor in interest, the Greater Sacramento Certified Development Certified Development Corporation ("CDC"). The

United States government, on behalf of said Defendants, now moves to dismiss Plaintiff's Complaint against them, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim against either the SBA or the CDC upon which relief can be granted. The government requests that the Court take judicial notice as to the Deed of Trust filed on behalf of the CDC on January 19, 2001, as well as a subsequent assignment by the CDC to the SBA of the Deed of Trust recorded that same day. Since the court may

properly notice documents "the authenticity of which is not contested" and on which the complaint "necessarily relies" (see Parrino v. FHP, Inc., 146 F.3d 699, 706 (9th Cir. 1998), superseded on other grounds by Abrego Abrego v. Dow Chem. Co., 443 F.3d 676, 681 (9th Cir. 2006)), judicial notice of the Deed of Trust and subsequent Assignment is granted. Because the January 19, 2001 Deed of Trust was filed more than eight years before Plaintiff Mechanic's Lien was entered on November 2, 2009, the government moves to dismiss Plaintiff's Complaint against the SBA and CDC on grounds that liens recorded prior to Plaintiff's Mechanic's Lien are unaffected by subsequent foreclosure on a later-filed Mechanic's Lien, and that accordingly actions against such prior lienholders must be dismissed. See e.g., Walker v. Lytton Sav. & Loan Ass'n, 2 Cal.

3d 152, 159-61 (1970). 2

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Plaintiff has not opposed the Government's motion on behalf of the SBA and CDC. Given that non-opposition, and good cause

appearing therefor, the government's Motion to Dismiss (Docket No. 3) is hereby GRANTED.1 Defendants United States Small

Business Administration the Greater Sacramento Certified Development Certified Development Corporation are dismissed from this lawsuit. IT IS SO ORDERED. Dated: April 26, 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 briefing. E.D. Cal. Local Rule 230(g). 3

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