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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES SINGH,

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United States District Court
For the Northern District of California

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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.

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WELLS FARGO BANK,

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Defendant.

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Now before the Court is defendant’s motion to expunge plaintiff’s lis pendens and to dismiss

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plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim

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upon which relief can be granted. Pursuant to Civil Local Rule 7-1(b), the Court determines that the

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matter is appropriate for resolution without oral argument.

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On December 3, 2012, plaintiff filed the present action in Alameda County Superior Court for:

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(1) quiet title; (2) declaratory relief; (3) injunctive relief; (4) cancellation of instruments; (5) violation

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of Cal. Civil Code § 2934(A)(1)(a); (6) unjust enrichment; and (7) fraud. Defendant removed the case

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to this Court on December 28, 2012, and filed a motion to dismiss on January 3, 2013, and a motion to

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expunge on January 8, 2013. On February 19, 2013, Magistrate Judge Elizabeth D. Laporte held a

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hearing on the motions. On March 8, 2013, Judge Laporte filed a Report and Recommendation

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recommending that the Court grant defendant’s motion to dismiss and motion to expunge. Plaintiff

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made no objections to the Report and Recommendation by the deadline, or thereafter. See Fed. R. Civ.

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P. 72(b).

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Lacking both parties’ consent to proceed before a magistrate judge, the case was reassigned here.

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The Court has reviewed the Report and Recommendation, the complaint, the motion to dismiss and the

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motion to expunge, and concludes that the case should be dismissed as set forth in the Report and

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Recommendation.

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Accordingly, the Court ADOPTS the Report and Recommendation, DISMISSES the case
WITHOUT LEAVE TO AMEND, and GRANTS DEFENDANT’S MOTION TO EXPUNGE.

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IT IS SO ORDERED.

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Dated: April 25, 2013
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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