Ardas Yanik v. Countrywide Home Loans, Inc. et al
| Ardas Yanik |
| Countrywide Home Loans, Inc., Does and Bank of America, N.A. |
| 2:2010cv06268 |
| August 23, 2010 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Christina A. Snyder |
| Contract: Other |
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Filing
22
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court finds Defendants' Motion to Dismiss, or in the Alternative, for a More Definite Statement or to Strike Portions of the First Amended Complaint 18 appropriate for decision without or al argument. The Court hereby GRANTS defendants' motion to dismiss plaintiff's seventh claim for violation of the bankruptcy code and eighth claim for violation of the Truth in Lending Act with prejudice. The Court declines to exercise supp lemental jurisdiction over the remainder of plaintiff's common law and state law claims, and DISMISSES them without prejudice to plaintiff asserting them in state court. The Court DENIES defendants' motion for a more definite statement and motion to strike as moot. Court Reporter: Not Present. (gk)
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Filing
16
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: On 8/30/2010, defendants filed the instant motion to dismiss, or in the alternative, for a more definite statement or to strike portions of the complaint 8 . On 9/7/2010, plaintiff fil ed an opposition to defendants' notice of removal 12 . The Court construes plaintiff's opposition to defendants' notice of removal as a motion to remand pursuant to 28 U.S.C. Section 1447(c). The Court hereby DENIES plaintiff's m otion to remand and GRANTS defendants' motion to dismiss plaintiff's complaint in its entirety without prejudice. The Court DENIES defendants' motion for a more definite statement and motion to strike as moot. Plaintiff shall file an a mended complaint curing the defects noted herein within 30 days after the filing of this order. Plaintiff is admonished that, in the event that plaintiff does not amend his complaint within 30 days, the Court will dismiss this action with prejudice. Court Reporter: Laura Elias. (gk)
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