Free Motion to Dismiss - District Court of California - California

Case 4:08-cv-02898-CW

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Filed 07/03/2008

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HOLLAND & KNIGHT LLP Vito A. Costanzo (State Bar #132754) Richard W. Petty (State Bar #219633) 2 633 West Fifth Street, 2 1 st Floor 3 Los Angeles, California 90071-2040 Telephone dl3) 896-2400 4 Facsimile (213) 896-2450
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Attorneys for Defendant FIDELITY NATIONAL 6 TITLE INSUPvANCE CO.
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KENNETH BAPvKER, and LOIS ANNE BARKER, Plaintiffs
V.

Case No. 08 CV 02898 CW DEFENDANT FIDELITY NATIONAL TITLE INSURANCE CO.'S NOTICE OF MOTION AND MOTION TO DISMISS CAUSES OF ACTION CONTAINED IN THE COMPLAINT FOR FAILURE TO STATE A CLAIM (Rule 12(b)(6)) [Filed Concurrently with Memorandum of Points and Authorities] Date: Time: Ctrm: Judge: August 28, 2008 2:00 P.M. 2 Hon. Claudia Wilken

DEFAULT RESOLUTION NETWORK; FIDELITY NATIONAL TITLE; MORTGAGE ELECTRONIC 10 REGISTRATION SYSTEMS, INC.; ALBORG, VEILUVA & EPSTEIN; 17 TITLE C(JURT SERVICES INC.; 18 GENPACT MORTGAGE SERVICES; DOES 1 through 50, inclusive,
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Defendants.

-1DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS

Case 4:08-cv-02898-CW

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1 TO PLAINTIFFS KENNETH BARKER and LOIS ANNE BARKER:
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PLEASE TAKE NOTICE that defendant FIDELITY NATIONAL TITLE

3 INSURANCE CO. will and hereby does move this Court pursuant to Rule 12(b)(6)
4 of the Federal Rules of Civil Procedure to dismiss for failure to state a claim as to

5 each of the causes of actions in the complaint. This motion will be heard on August 6 28, 2008, at 2:00 p.m., in the United States District Court for the Northern District 7 of California, Oakland, California, before the Honorable Claudia Wilken, United 8 States District Judge, in Courtroom 2. 9
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The motion to dismiss pursuant to Rule 12(b)(6) is and will be made on the following grounds: that Plaintiffs' purported causes of action for violations of the Racketeer Influenced and Corrupt Organizations Act are not legally cognizable

claims.
Accordingly, Defendant will move for dismissal of those causes of action, The motion is and will be based on this Notice of Motion, the Memorandum of Points and Authorities in Support of Defendant's Motion, and upon all papers, records and pleadings on file with the court. Dated: July 3, 2008 Respectfully submitted, HOLLAND & KNIGHT LLP

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Richard W. Petty Attorneys for Defendant
FIDELITY NATIONAL TITLE INSURANCE CO.
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--2-- DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS

Case 4:08-cv-02898-CW

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Barker et al. v Default Resolution; Fidelity National Title; et al. U.S. District Court- California Northern District (Oakland) Civil Case No. 08 CV 02898 CW PROOF OF SERVICE State of California County of Los Angeles ) ) )
ss.

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 633 West Fifth Street, 21st Floor, Los Angeles, California 90071. On July 3, 2008,1 served the document described a DEFENDANT FIDELITY NATIONAL TITLE INSURANCE CO.'S NOTICE OF MOTION AND MOTION TO DISMISS CAUSES OF ACTION CONTAINED IN THE COMPLAINT FOR FAILURE TO STATE A CLAIM (Rule 12(b)(6)) on the interested parties in this action, enclosed in a sealed envelope, addressed as follows:
Io SEE ATTACHED SERVICE LIST

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^ [BY MAIL] Following ordinary business practices, I placed the document for collection and mailing at the offices of Holland & Knight LLP, 633 West Fifth Street, 21st Floor, Los Angeles, California 90071, in a sealed envelope. I am readily familiar with the business's j 3 practice for collection and processing of correspondence for mailing with the United States Postal Service, and, in the ordinary course of business, such correspondence would be deposited 14 with the United States Postal Service on the day on which it is collected at the business. [BY UPS] Following ordinary business practices, I placed the document for collection and UPS delivery, "next day air" at the offices of Holland & Knight LLP, 633 West Fifth Street, 21st Floor, Los Angeles, California 90071. I am readily familiar with the business' practice for collection and processing of correspondence for delivery by UPS (Next Day Air), and, in the ordinary course of business, such correspondence would be deposited with UPS on the day on which it is collected at the business. X_ I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 3, 2008, Los Angeles, California.

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Yvonne Fernandez

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Barker et al. v Default Resolution; Fidelity National Title; et al. U.S. District Court- California Northern District (Oakland) Civil Case No. 08 CV 02898 CW

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Plain tiff, pro se Michael John Veiluva Alborg Veiluva & Epstein LLP 200 Pringle Avenue, Suite 410 Walnut Creek, CA 94596 Tel: 925.929.9880 Fax: 925.939.9915 Kenneth Barker 2349 Royal Oaks Drive Alamo, CA 94507

Service List Lois Anne Barker 2349 Royal Oaks Drive Alamo, CA 94507 Plaintiff, prose

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Attorneys for Defendants Mortgage Electronic Registration Systems, Inc.; and Alborg, Veiluva & Epstein.

#5455902 vl

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