Singh v. Wells Fargo Bank, N.A. et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND; GRANTING DEFENDANT'S MOTION TO EXPUNGE LIS PENDENS 6 13 (Illston, Susan) (Filed on 4/25/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JAMES SINGH, 9 United States District Court For the Northern District of California 10 No. C 12-6566 SI Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND; GRANTING DEFENDANT’S MOTION TO EXPUNGE LIS PENDENS v. 11 WELLS FARGO BANK, 12 Defendant. / 13 14 Now before the Court is defendant’s motion to expunge plaintiff’s lis pendens and to dismiss 15 plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim 16 upon which relief can be granted. Pursuant to Civil Local Rule 7-1(b), the Court determines that the 17 matter is appropriate for resolution without oral argument. 18 On December 3, 2012, plaintiff filed the present action in Alameda County Superior Court for: 19 (1) quiet title; (2) declaratory relief; (3) injunctive relief; (4) cancellation of instruments; (5) violation 20 of Cal. Civil Code § 2934(A)(1)(a); (6) unjust enrichment; and (7) fraud. Defendant removed the case 21 to this Court on December 28, 2012, and filed a motion to dismiss on January 3, 2013, and a motion to 22 expunge on January 8, 2013. On February 19, 2013, Magistrate Judge Elizabeth D. Laporte held a 23 hearing on the motions. On March 8, 2013, Judge Laporte filed a Report and Recommendation 24 recommending that the Court grant defendant’s motion to dismiss and motion to expunge. Plaintiff 25 made no objections to the Report and Recommendation by the deadline, or thereafter. See Fed. R. Civ. 26 P. 72(b). 27 Lacking both parties’ consent to proceed before a magistrate judge, the case was reassigned here. 28 The Court has reviewed the Report and Recommendation, the complaint, the motion to dismiss and the 1 motion to expunge, and concludes that the case should be dismissed as set forth in the Report and 2 Recommendation. 3 4 Accordingly, the Court ADOPTS the Report and Recommendation, DISMISSES the case WITHOUT LEAVE TO AMEND, and GRANTS DEFENDANT’S MOTION TO EXPUNGE. 5 6 IT IS SO ORDERED. 7 8 Dated: April 25, 2013 SUSAN ILLSTON United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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