Kennedy v. World Alliance Financial Corporation

Filing 38

ORDER signed by Judge Lawrence K. Karlton on 11/27/2012 ORDERING that the hearing on the motions, currently set for 12/3/2012, is VACATED. Defendant Orange Coast's 29 motion to dismiss for abandonment of plaintiff's claims is GRANTED. De fendant World Alliance's 31 motion to dismiss for failure to prosecute is GRANTED. Plaintiff's complaint is DISMISSED in its entirety, without prejudice, for plaintiff's failure to prosecute, pursuant to Fed. R. Civ. P. 41(b). CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERTRUDE KENNEDY,
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NO. CIV. S-11-0066 LKK/KJN
Plaintiff,

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v.
O R D E R

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WORLD ALLIANCE FINANCIAL
CORP.; ORANGE COAST TITLE
COMPANY; and DOES 1 through 20,
inclusive of unidentified
representatives of defendant
WORLD ALLIANCE FINANCIAL
CORP., who personally solicited,

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Defendants.
/

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Plaintiff brought this lawsuit in order to, among other

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things, rescind a “reverse mortgage” agreement she entered into

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with defendant World Alliance Financial Corp, and to obtain relief

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from defendant Orange Coast Title Company for its alleged breach

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of its fiduciary duty in connection with the reverse mortgage

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agreement.1

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See Kennedy v. World Alliance Financial Corp., 792 F.
Supp.2d 1103 (E.D. Cal. 2011) (Karlton, J.), dismissing some
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Both defendants have filed noticed motions to dismiss. Orange

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Coast bases its motion on plaintiff’s abandonment of her claims,

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its assertion that it is a “sham defendant,” and its argument that

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plaintiff fails to state a claim upon which relief can be granted

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(ECF No. 29).

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failure to prosecute her case, and her failure to comply with

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discovery orders (ECF Nos. 31 & 32).

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Plaintiff,

World Alliance bases its motion on plaintiff’s

who

has

proceeded

pro

se

since

her

attorney

withdrew, has not opposed either dismissal motion, nor filed a

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Statement of Non-Opposition.

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indeed abandoned this lawsuit, the court will grant both motions

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on the basis of lack of prosecution.

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Accordingly:

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1.

It appearing that plaintiff has

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The hearing on these motions, currently scheduled for

December 3, 2012, is VACATED;
2.

Defendant

Orange

Coast’s

motion

to

dismiss

for

abandonment of plaintiff’s claims (ECF No. 29), is GRANTED; and
3.

Defendant World Alliance’s motion to dismiss for failure

to prosecute (ECF No. 31), is GRANTED;
4.

Plaintiff’s complaint is DISMISSED in its entirety,

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without prejudice, for plaintiff’s failure to prosecute, pursuant

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to Fed. R. Civ. P. 41(b).

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claims, but permitting the case to proceed against World Alliance
and Orange Coast on plaintiff’s claim for breach of fiduciary duty,
and against World Alliance on plaintiff’s claim for violation of
California’s Unfair Competition Law, Cal. Bus. & Prof. Code §
17200. Plaintiff did not amend her complaint, and accordingly the
case proceeded on these claims under the original complaint.
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IT IS SO ORDERED.

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DATED:

November 27, 2012.

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