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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ERIBERTO L. BALDOZA, et al.,

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Plaintiffs,

Case No.: C-12-05966 JCS
ORDER TO SHOW CAUSE

v.

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Northern District of California

United States District Court

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BANK OF AMERICA, N.A., et al.,
Defendants.

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In their Complaint, Plaintiffs allege six causes of action. All causes of action are California

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state law claims. In their first cause of action for wrongful foreclosure, Plaintiffs identify ReconTrust

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Company, N.A. (“Recon”) as the defendant responsible for initiating the foreclosure on their property.

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Complaint, ¶¶ 30-32. In their third cause of action for fraud, Plaintiffs allege that Recon knowingly

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filed a fraudulent Notice of Default and Notice of Trustee’s Sale. Id. at ¶ 41. In their fourth cause of

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action, Plaintiffs request cancelation of, among other documents, the Notice of Default and the Notice

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of Trustee’s Sale filed by Recon. Id. at ¶ 47. In their fifth cause of action for violation of California

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Business and Professions Code Section 17200 et seq. (“UCL”), Plaintiffs allege that Recon engaged

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in a variety of unlawful and fraudulent business practices and seek to enjoin Recon from further

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violating the UCL. Id. at ¶¶ 54, 56, 59.

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The only asserted basis for federal subject matter jurisdiction is the complete diversity of the

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parties. Id. at ¶ 6. Plaintiffs state that they “reside, and are domiciled in, Newark, California.” Id. at

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¶ 1. Plaintiffs state that Recon’s “main offices [are] located at 1800 Tapo Canyon Road, Simi Valley,

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CA.” Id. at ¶ 3. Based on the above, IT IS HEREBY ORDERED that Plaintiffs appear on January

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11, 2013 at 9:30 a.m. before Magistrate Judge Joseph C. Spero, in Courtroom G, 15th Floor, 450

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Golden Gate Avenue, San Francisco, California, and then and there show cause why this action

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should not be dismissed for lack of federal subject matter jurisdiction. Any written response to the

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Order to Show Cause shall be filed on or before January 4, 2013.

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IT IS SO ORDERED.

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Dated: December 14, 2012

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Northern District of California

United States District Court

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_________________________________

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JOSEPH C. SPERO
United States Magistrate Judge

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