Gomez v. Wells Fargo Bank National Association et al

Filing 20

ORDER TO SHOW CAUSE Show Cause Response due by 5/29/2009.. Signed by Judge Breyer on April 23, 2009. (crblc2, COURT STAFF) (Filed on 4/23/2009) (Additional attachment(s) added on 4/24/2009: # 1 Certificate of Service) (be, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARIA GOMEZ, Plaintiff, v. WELLS FARGO BANK, et al., Defendants. / No. C 09-00984 CRB ORDER Plaintiff Maria Gomez filed a pro se complaint alleging claims for quiet title, cancellation of a trustee's deed upon sale, slander of title, fraud, violation of the Truth in Lending Act, violation of California Code 1632, and declaratory relief. Defendants Wells Fargo Bank, Mortgage Electronic Registration Systems, Inc., and EMC Mortgage Corporation have filed a Motion to Dismiss. Defendant Aztec Foreclosure Corporation has also filed a Motion to Dismiss. Both motions are noticed for hearing on May 1, 2009. Pursuant to Civil Local Rule 7, Plaintiff's opposition or statement of non-opposition was due by April 10, 2009. As of April 23, 2009, Plaintiff has failed to file an opposition to either motion. In the Motions to Dismiss, Defendants challenge each of Plaintiff's claims. Having reviewed the moving papers and the record, the Court concludes Defendants' Motions have merit. In particular, the Court notes that Plaintiff does not dispute that she is in default and has not made an offer to tender any portion of the amount due on her loan. The Court will 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dismiss this case unless, by May 29, 2009, Plaintiff files a declaration to show cause why the case should not be dismissed. The hearing on the Motion to Dismiss scheduled for Friday, May 1, 2009 is hereby VACATED. IT IS SO ORDERED. Dated: April 23, 2009 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2009\984\OSC.wpd 2

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