Opinion
No. C 08-0695 CW.
April 29, 2008
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
Defendant National City Mortgage Co. moves to dismiss the "Petition for Libel Review of an Administrative Judgment" filed by Plaintiffs Jaime and Rosa Araujo. Plaintiffs have not filed an opposition to Defendant's motion. Having considered Defendant's papers, the Court GRANTS the motion.
Plaintiffs' petition is largely unintelligible. Although it purports to seek review of a foreign judgment, it does not identify any such judgment. And while Plaintiffs cite a broad range of statutes, the Constitution and the Bible, the primary bases for the petition appear to be maritime and admiralty law. Any such claims fail because Plaintiffs have not identified any actions that may have taken place on navigable waters.
Accordingly, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the petition is dismissed for failure to state a claim. Because any amendment would be futile, the dismissal is with prejudice. The hearing scheduled for May 8, 2008 is vacated. The Clerk of the Court shall enter judgment for Defendant and close the file. Each party shall bear its own costs.
IT IS SO ORDERED.