Antonio P. Posa et al v. Quality Loan Service Corp. et al
| Antonio P. Posa and Luna C. Posa |
| Bank of New York Mellon, Quality Loan Service Corp., AMB LLC, Saxon Mortgage Services Inc. and Does |
| 2:2009cv07051 |
| September 29, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Matz |
| Wistrich |
| Other |
| 28 U.S.C. ยง 1441 Notice of Removal - Injunctive/Declaratory Relief |
| Plaintiff |
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Filing
37
MINUTES: Proceedings: MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted 26 before Judge A. Howard Matz: Court circulates tentative order and hears oral argument. For reasons stated on the record, the Court grants defendants motion to dismiss. Order to issue. Court Reporter: Cindy Ninrenberg. (jp)
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Filing
15
MINUTES (IN CHAMBERS) by Judge A. Howard Matz: GRANTS Defendants Motion to Dismiss 7 but DENIES without prejudice Defendants Motion to expunge the lis pendens 8 . "The failure to file any required paper, or the failure to file it within the d eadline, may be deemed consent to the granting or denial of the motion." Local Rule 7-12. Moreover, the motion to dismiss appears on its face to be meritorious. Accordingly, the Court grants Defendants' motion to dismiss.The Court grants pl aintiffs leave to amend, conditional upon Plaintiffs' attorneys by not later than 11/9/2009 showing cause why they should be permitted to continue to represent Plaintiffs notwithstanding their failure to oppose these motions. No hearing is necessary. FRCP 78; L. R. 7-15. (jp)
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Filing
12
MINUTES IN CHAMBERS by Judge A. Howard Matz: The removing Defendants have failed to show that Defendant AMB LLC has joined in removal or that he has not been served in the state action. The removing Defendants (Saxon Mortgage Services Inc. and Bank o f New York Mellon) are therefore ORDERED to SHOW CAUSE in writing by not later than 10/30/2009 at 10:00 AM., why this case should not be remanded due the lack of consent by all named defendants. Failure to respond on or before that date will be construed as consent to remand. (jp)
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