Alda et al v. SBMC Mortgage et al

Filing 24

ORDER GRANTING 15 , 19 MOTIONS TO DISMISS WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on 5/2/2011. (jflc2, COURT STAFF) (Filed on 5/2/2011)

1
2

**E-filed 5-2-11**

3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12

DARIO ALDA, an individual; SHEILA ALDA, an
individual,

13

Plaintiffs,

14
15
16
17
18
19

v.

Case Number 11-CV-0678-JF (PSG)
ORDER1 GRANTING MOTIONS TO
DISMISS WITH LEAVE TO AMEND
[Re: Docket Nos. 15 & 19]

SBMC MORTGAGE, a California General
Partnership; T.S. SERVICE CO., a California
Corporation; GMAC MORTGAGE, LLC, a
Delaware Limited Liability Company; EX PRO
FUNDING MORTGAGE, a Business Entity, form
unknown; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a Delaware
Corporation; and DOES 1 through 50, inclusive.
Defendants.

20
21
22
23
24
25
26

Defendants GMAC Mortgage and SBMC Mortgage move to dismiss all claims for relief
in Plaintiffs’ complaint. Plaintiffs allege violations of the Truth in Lending Act, 15 U.S.C. §
1601 et seq., the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq., and related
state law claims. The Court concludes that this motion is appropriate for determination without

27
28

1

This disposition is not designated for publication in the official reports.

Case No. 11-cv-0678-JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX2)

1
2

oral argument and will vacate the hearing date of May 6, 2011. See Civ. L.R. 7-1(b).
Under this Court’s Civil Local Rules, Plaintiffs’ opposition was due at least twenty-one

3

days before the noticed hearing date of May 6, 2011–here, not later than April 15, 2011. See Civ.

4

L.R. 7-3(a). As of the date of this order, Plaintiffs have not filed opposition papers.

5

Because the instant motion appears well-taken and is unopposed, the motion to dismiss

6

will be granted with leave to amend. Any amended pleading shall be filed within twenty (20)

7

days after the date of this order.

8
9

ORDER
For good cause shown,

10

(1)

the motion to dismiss is GRANTED, WITH LEAVE TO AMEND;

11

(2)

any amended pleading shall be filed within twenty (20) days after the date of this

12
13

order;
(3)

the hearing date of May 6, 2011 is VACATED.

14
15

IT IS SO ORDERED

16
17

DATED: May 2, 2011

__________________________________
JEREMY FOGEL
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2

Case No. 11-cv-0678-JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX2)