Edward J. Pierce et al v. Wilmington Savings Fund Society, FSB et al
| Jeannie B. Hobert and Edward J. Pierce |
| Mike Aleali, Michael R. Asatourian, Does, Tony Taylor, Mark Turner and Wilmington Savings Fund Society, FSB |
| 2:2017cv04512 |
| June 22, 2017 |
| US District Court for the Central District of California |
| Percy Anderson |
| Karen L. Stevenson |
| Other |
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Filing
40
MINUTES (IN CHAMBERS) ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION AND BECAUSE RES JUDICATA BARS PLAINTIFFS' CLAIMS by Judge Christina A. Snyder: Plaintiffs allege causes of action for breach of contract, fraud, quiet title, and injunctive relief under state law. Plaintiffs' references to 18 U.S.C. Section 1341, 33 U.S.C. Section 931, and 42 U.S.C. Section 1983 do not transform the state law causes of action into federal questions or create federal jurisdiction. The Co urt therefore DISMISSES plaintiffs' claims for lack of subject matter jurisdiction. The Court finds that res judicata bars plaintiffs' instant action. The instant action is precluded by Hobert's 2016 action because both lawsuits share the same parties and claims, and the 2016 action concluded with a final judgment on the merits. Therefore, the Court DISMISSES plaintiffs' claims with prejudice. (Made JS-6. Case Terminated.) Court Reporter: Not Present. (gk)
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Filing
29
(IN CHAMBERS) COURT ORDER by Judge Percy Anderson: The Court... orders Plaintiffs to show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiffs' response to this order to show cause shall be filed by August 28, 2017. The failure to file a timely or adequate response to the order to show cause may result in the dismissal of this action without prejudice. Please refer to the Court's order for additional information. (cr)
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