Sizoo v. Olympus Mortgage Company et al

Filing 24

ORDER REMANDING CASE., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 11/7/11. (lrc, COURT STAFF) (Filed on 11/8/2011)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DENISE SIZOO, an individual,

Case No: C 11-2561 SBA

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Plaintiff,

ORDER REMANDING ACTION

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vs.
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OLYMPUS MORTGAGE COMPANY, a
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Defendants.

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Plaintiff Denise Sizoo, acting pro se, commenced the instant mortgage fraud action

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in Sonoma County Superior Court on April 26, 2011, against American Home Mortgage

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Servicing, Inc., among others. On May 26, 2011, Defendants filed a Notice of Removal

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under 28 U.S.C. § 1441(b) on the grounds that Plaintiff’s claims arise under federal law.

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Although the Complaint only asserts state law causes of action, Plaintiff’s sixth cause of

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action, styled as “Defendants Lack Standing to Proceed with Foreclosure,” alleges that

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Defendants violated the Truth in Lending Act (“TILA”) and Regulation Z. Compl. ¶ 32.

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On June 2, 2011, Defendants filed a motion to dismiss for failure to state a claim,

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pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. 17. Plaintiff failed to file an

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opposition to the motion by October 11, 2011, as required by the version of Local Rule 7-3

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in effect when the motion was filed. Thus, on October 27, 2011, the Court sua sponte

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granted Plaintiff an extension of time until November 4, 2011 to oppose the motion, and

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continued the motion hearing to November 15, 2011. Dkt. 23. To date, the Court has not

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received any response from Plaintiff.

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Based on Plaintiff’s failure to respond to Defendants’ motion to dismiss, the Court

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grants said motion to dismiss with respect to Plaintiff’s sixth cause of action insofar as it is

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predicated on TILA and/or Regulation Z. See Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir.

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1995) (court may grant unopposed motion to dismiss under Rule 41(b)). The Court

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declines to assert supplemental jurisdiction over Plaintiff’s remaining claims, all of which

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are based on state law. See 28 U.S.C. § 1367(c)(3); Sanford v. MemberWorks, Inc., 625

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F.3d 550, 561 (9th Cir. 2010) (“A district court ‘may decline to exercise supplemental

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jurisdiction” if it “has dismissed all claims over which it has original jurisdiction.’”)

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(quoting in part 28 U.S.C. ' 1367(c)(3)). Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

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Defendants’ motion to dismiss is GRANTED as unopposed with respect to

Plaintiff’s sixth cause of action insofar as it is predicated upon violations of TILA and/or
Regulation Z. The motion is DENIED in all other respects.
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The Court declines to assert supplemental jurisdiction over Plaintiff’s

remaining claims and REMANDS the action to Sonoma County Superior Court.

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3.

The hearing date of November 15, 2011 is VACATED.

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4.

The Clerk shall close the file and terminate any pending matters.

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IT IS SO ORDERED.

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Dated: November 7, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DENISE SIZOO,
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Plaintiff,
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v.
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OLYMPUS MORTGAGE COMPANY et al,
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Defendant.
/

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Case Number: CV11-02561 SBA
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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on November 8, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Denise Sizoo
4733 Stonehedge Drive
Santa Rosa, CA 95405

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Dated: November 8, 2011
Richard W. Wieking, Clerk

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By: LISA R CLARK, Deputy Clerk
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