Jeffrey Tollette v. JPMorgan Chase Bank NA et al
| Jeffrey Tollette |
| JPMorgan Chase Bank NA, Does and U S Bank National Association |
| 2:2013cv04272 |
| June 14, 2013 |
| US District Court for the Central District of California |
| John A. Kronstadt |
| Frederick F. Mumm |
| Real Property: Foreclosure |
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Filing
45
ORDER GRANTING IN PART DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT 33 by Judge Dean D. Pregerson: Plaintiff was previously granted leave to amend to allow him to plead facts demonstrating that the securitization process used for the Loan was atypical such that it is plausible that Chase lost the right to foreclose on the Property. Plaintiff failed to plead sufficient facts to support this theory. Because Plaintiff did not correct this specific deficiency, previously identif ied by the Court, it is appropriate for the Court to DISMISS Plaintiffs claims WITH PREJUDICE. However, as noted, Plaintiffs negligence claim against Chase survives the Motion to the extent that the claim is based on Chases failure to respond to Plaintiffs inquiries regarding the Loan because the parties did not address this issue in their papers on the current Motion. (lc). Modified on 4/17/2014. (lc).
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Filing
27
ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT 11 by Judge Dean D. Pregerson: Plaintiff may amend his complaint, but only to the extent that he can plead sufficient facts to correct the deficiencies identified in this order. Any amended complaint must be filed, in accordance with the Clerks Office procedures, by February 4, 2014. (lc). Modified on 1/21/2014.(lc).
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