Inoue v. Bank of America National Association et al

Northern District of California, cand-4:2015-cv-01636

ORDER re NOTICE OF TENTATIVE RULING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT. Filing by Monday, 7/20/15 by 12:00 noon. Signed by Judge Yvonne Gonzalez Rogers on 7/16/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MASAZUMI INOUE, 7 Case No. 15-cv-1636-YGR Plaintiff, 8 NOTICE OF TENTATIVE RULING ON v. DEFENDANTS' MOTION TO DISMISS 9 PLAINTIFF'S COMPLAINT BANK OF AMERICA, NATIONAL 10 ASSOCIATION, ET AL., 11 Defendants. 12 Northern District of California TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: United States District Court 13 Please take notice of the following Tentative Ruling on defendants' motion to dismiss 14 plaintiff's complaint (Dkt. No. 12), set for hearing on July 21, 2015 at 2:00 p.m.: 15 The Court has reviewed the parties' papers and is inclined to grant the motion to dismiss 16 17 without leave to amend. Defendants contend, and the Court is inclined to agree, that the doctrine 18 of res judicata bars plaintiff's claims because an action brought by plaintiff involving the same 19 rights and injuries (wrongful foreclosure) were previously adjudicated on the merits against 20 plaintiff in the Superior Court of California, County of San Francisco. Owens v. Kaiser Found. 21 Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001) (res judicata operates to bar claims 22 "whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity or 23 privity between the parties.") Further, the tentative ruling does not allow plaintiff leave to amend 24 25 because the Court is inclined to agree with defendants that amendment would be futile here. 26 Chodos v. West Pub. Co., 292 F.3d 992, 1003 (9th Cir. 2002). 27 No later than 12:00 p.m. on Monday, July 20, 2015, either party may file a request for 28 oral argument. If no request is received, the matter will be taken off calendar and a full order shall 1 2 issue. 3 IT IS SO ORDERED. 4 Dated: July 16, 2015 5 ______________________________________ 6 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2