Opinion
Case No. CV 11-4747 CAS (Ex)
08-01-2011
AMERICA ARAUJO; ET AL. v. WELLS FARGO BANK, NA; ET AL.
Attorneys Present for Plaintiffs: Not Present Attorneys Present for Defendants: O. Andrew Wheaton
CIVIL MINUTES - GENERAL
Present: The Honorable CHRISTINA A. SNYDER
CATHERINE JEANG
Deputy Clerk
KATIE THIBODEAUX
Court Reporter / Recorder
N/A
Tape No.
Attorneys Present for Plaintiffs:
Not Present
Attorneys Present for Defendants:
O. Andrew Wheaton
Proceedings: DEFENDANT WELLS FARGO'S MOTION TO DISMISS
AND TO STRIKE PORTIONS OF THE FIRST AMENDED
COMPLAINT (filed 06/10/11)
On November 15, 2010, America Araujo, as the purported "Representative for Debtor Rosario Gonzales" ("plaintiffs"), filed a complaint in the Los Angeles County Superior Court naming Cal-Western Reconveyance ("Cal-Western") as the only defendant. On May 3, 2011, plaintiffs filed a first amended complaint ("FAC") naming as defendants Wells Fargo Bank, NA ("Wells Fargo"), Cal-Western, Wachovia Mortgage FSB, F.K.A. World Savings Bank ("Wachovia"), and Does 1 through 50 inclusive. The FAC alleges seven claims for relief, styled as: (1) violation of Cal. Civ. Code § 2923.5, (2) violation of Cal. Bus. & Prof. Code § 17200, (3) breach of the covenant of good faith and fair dealing, (4) fraud, (5) violation of Cal. Civ. Code § 2923.6, (6) violation of Cal. Civ. Code § 1572, and (7) quiet title.
On June 3, 2011, Wells Fargo removed the action to this Court on the basis of diversity jurisdiction. See 28 U.S.C. § 1332.
On June 10, 2011, Wells Fargo filed the instant motion to dismiss plaintiffs' FAC and to strike portions of the FAC. Plaintiffs failed to timely file and serve an opposition. Indeed, plaintiffs have not filed any opposition to Wells Fargo's motion. On July 14, 2011, Wells Fargo filed a statement of plaintiffs' failure to oppose Wells Fargo's pending motion. On August 1, 2011, the Court held a hearing on Wells Fargo's motion to which plaintiffs did not appear.
The Court finds that no good reason has been provided for the failure to oppose Wells Fargo's motion. Pursuant to Local Rule 7-12, plaintiffs' failure to oppose the motion may be deemed by the Court as consent to the granting of the motion. Therefore, the Court GRANTS Wells Fargo's motion to dismiss the FAC without prejudice. The Court DENIES Wells Fargo's motion to strike portions of the FAC as moot. Plaintiffs shall file an amended complaint within twenty (20) days after the filing of this order. Plaintiffs are admonished that, in the event that plaintiffs do not amend the complaint within twenty (20) days, the Court will dismiss this action with prejudice.
IT IS SO ORDERED.
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Initials of Preparer CMJ