Fortaleza

ORDER GRANTING MOTION TO DISMISS AND VACATING HEARING DATE

Before the court is a motion to dismiss and a motion to strike filed by defendants PNC Financial Services Group., Inc. (“PNC”) and National City Bank (“National City”). Plaintiff Alicia Fortaleza did not oppose the motion. Nor did plaintiff file a statement of non-opposition pursuant to Civil Local Rule 7-3. Because the court finds that oral argument is unnecessary and would not be helpful, the hearing date of July 29, 2009 is VACATED pursuant to Civil Local Rule 7-1 (b). For the reasons stated below, defendants’ motion to dismiss is GRANTED.

BACKGROUND

This action arises out of the initiation of non-judicial foreclosure proceedings on real property purchased by plaintiff. Plaintiff is a resident of San Mateo County and the owner of real property located at 2460 Ardee Lane, South San Francisco, CA 94080 (the “property”). First Amended Complaint (“FAC”) ¶ 2. Plaintiff purchased her home in 2005. Plaintiff financed the acquisition of the property with two loans issued by National City, the first for $792,000 and the second for $147,000. Id. ¶ 50.

After plaintiff fell in arrears on loan payments, a non-judicial…