Baldoza et al v. Bank of America, National Association et al

Filing 23

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 1/11/2013 09:30 AM. Show Cause Response due by 1/4/2013.. Signed by Judge Joseph C. Spero on 12/14/12. (klhS, COURT STAFF) (Filed on 12/17/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 ERIBERTO L. BALDOZA, et al., 8 9 Plaintiffs, Case No.: C-12-05966 JCS ORDER TO SHOW CAUSE v. 10 Northern District of California United States District Court 11 12 BANK OF AMERICA, N.A., et al., Defendants. 13 14 15 In their Complaint, Plaintiffs allege six causes of action. All causes of action are California 16 state law claims. In their first cause of action for wrongful foreclosure, Plaintiffs identify ReconTrust 17 Company, N.A. (“Recon”) as the defendant responsible for initiating the foreclosure on their property. 18 Complaint, ¶¶ 30-32. In their third cause of action for fraud, Plaintiffs allege that Recon knowingly 19 filed a fraudulent Notice of Default and Notice of Trustee’s Sale. Id. at ¶ 41. In their fourth cause of 20 action, Plaintiffs request cancelation of, among other documents, the Notice of Default and the Notice 21 of Trustee’s Sale filed by Recon. Id. at ¶ 47. In their fifth cause of action for violation of California 22 Business and Professions Code Section 17200 et seq. (“UCL”), Plaintiffs allege that Recon engaged 23 in a variety of unlawful and fraudulent business practices and seek to enjoin Recon from further 24 violating the UCL. Id. at ¶¶ 54, 56, 59. 25 The only asserted basis for federal subject matter jurisdiction is the complete diversity of the 26 parties. Id. at ¶ 6. Plaintiffs state that they “reside, and are domiciled in, Newark, California.” Id. at 27 ¶ 1. Plaintiffs state that Recon’s “main offices [are] located at 1800 Tapo Canyon Road, Simi Valley, 28 CA.” Id. at ¶ 3. Based on the above, IT IS HEREBY ORDERED that Plaintiffs appear on January 1 11, 2013 at 9:30 a.m. before Magistrate Judge Joseph C. Spero, in Courtroom G, 15th Floor, 450 2 Golden Gate Avenue, San Francisco, California, and then and there show cause why this action 3 should not be dismissed for lack of federal subject matter jurisdiction. Any written response to the 4 Order to Show Cause shall be filed on or before January 4, 2013. 5 6 IT IS SO ORDERED. 7 8 Dated: December 14, 2012 9 10 Northern District of California United States District Court 11 _________________________________ 12 JOSEPH C. SPERO United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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