Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02122-L-NLS

Document 2

Filed 12/11/2007

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PALMER, LOMBARDI & DONOHUE LLP 888 West 6th Street, 12th Floor Los Angeles, California 90017

E. Scott Palmer, Esq., SBN 155376 Email: [email protected] Frederick A. Haist, Esq., SBN 211322 Email: [email protected] PALMER, LOMBARDI & DONOHUE LLP 888 West 6th Street, 12th Floor Los Angeles, California 90017 Phone: (213) 688-0430 Fax: (213) 688-0440 Attorneys for Defendant Homecomings Financial, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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SHAMELLE R. MORRIS, Plaintiff, vs. HOMECOMINGS FINANCIAL, LLC; WACHOVIA DEALER SERVICES, Defendants.

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Case No. 07 CV 2122 L (NLS) [Honorable M. James Lorenz] DEFENDANT HOMECOMINGS FINANCIAL, LLC'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT OR ALTERNATIVELY, REQUEST FOR A MORE DEFINITE STATEMENT [FRCP RULES 12(b)(6), 12(e)] DATE: TIME: PLACE: January 28, 2008 10:30 a.m. Courtroom 14

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 28, 2008, at 10:30 a.m., or as soon thereafter as the matter may be heard before Judge M. James Lorenz, at the United States District Court, Southern District of California, located at 940 Front Street, San Diego, CA 92101-8900, Defendant Homecomings Financial, LLC ("Homecomings") will, and hereby does, move to dismiss Plaintiff Shamelle Morris ("Plaintiff")'s Complaint or alternatively, requests a more definite statement. ///
-1NOTICE OF MOTION AND MOTION OF DEFENDANT TO DISMISS PLAINTIFF'S COMPLAINT

07cv2122

Case 3:07-cv-02122-L-NLS

Document 2

Filed 12/11/2007

Page 2 of 2

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PALMER, LOMBARDI & DONOHUE LLP 888 West 6th Street, 12th Floor Los Angeles, California 90017

This motion is made pursuant to RULES 12(b)(6) and 12(e) of the FEDERAL RULES OF CIVIL PROCEDURE because the Complaint is so vague and ambiguous that Homecomings cannot reasonably frame a reply and because each and every potential claim directed at Homecomings fails to state a claim upon which relief can be granted. Specifically, Plaintiff has failed to either allege a recognized claim or allege facts to fulfill each element of the claims she might be asserting: 1) Quiet Title; 2) the Truth In Lending Act ("TILA"), 15 U.S.C. §1601 et seq.; 3) Domestic Mixed War; 4) Conspiracy; 5) Treason; 6) Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1961 et seq.; 7) Rescission/Breach of Contract; and 8) Fraud. Plaintiff's complaint is an unintelligible stream of consciousness; it is hard to decipher what claims she is actually bringing. This motion is based upon this notice of motion and motion, the accompanying memorandum of points and authorities, the pleadings and papers on file in this action, and on such further oral and documentary evidence as may be presented at the hearing of this motion. DATED: December 11, 2007

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By /s/ Frederick A. Haist E. SCOTT PALMER FREDERICK A. HAIST PALMER, LOMBARDI & DONOHUE LLP Attorneys for Defendant Homecomings Financial, LLC

-2NOTICE OF MOTION AND MOTION OF DEFENDANT TO DISMISS PLAINTIFF'S COMPLAINT

07cv2122