Edward C. Hendricks v. Wells Fargo Bank, N.A. et al
| Edward C. Hendricks |
| Does and Wells Fargo Bank, N.A. |
| 2:2015cv01299 |
| February 23, 2015 |
| US District Court for the Central District of California |
| John E. McDermott |
| Michael W. Fitzgerald |
| Real Property: Foreclosure |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
34
MINUTES (In Chambers): ORDER GRANTING MOTION TO DISMISS 29 by Judge Michael W. Fitzgerald. For the reasons stated above, the Court GRANTS the Motion. It does so without leave to amend as to Plaintiff's second claim for relief. Wells Fargo shall file an Answer to Plaintiff's remaining first and third claims within 14 days of the filing of this Order. IT IS SO ORDERED. (lom)
|
|
Filing
17
(IN CHAMBERS): ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS; DENYING PLAINTIFF'S MOTION TO REMAND 7 9 by Judge Michael W. Fitzgerald: The Court DENIES Plaintiff's Motion to Remand. The Court also DENIES in part and GRANTS in part Wells Fargo's Rule 12 Motion, with leave to amend. Specifically the Court grants the motion as to all claims for relief with the exception of Plaintiff's second claim under California Civil Code section 2923.7 and Plaintiff's fourth claim for an unlawful business practice as premised on the alleged violation of section 2923.7. The Court is dubious that the problems with the dismissed claims can be corrected, apart from his possible ability to comply with Rule 9(b), but Plaintiff will be given the opportunity to try. Plaintiff is reminded that any new allegations must be legally and factually supported. Fed. R. Civ. P. 11(b)(2), (3). Plaintiff may proceed on his remaining claims or may file a First Amended Complaint as to his dismissed first, third, and fifth claims for relief. Plaintiff shall file his First Amended Complaint by April 28, 2015 should he wish to do so, or inform the Court and Wells Fargo of his intent to proceed on his remaining claims by that date. Wells Fargo shall file a response no later than 21 days after Plaintiff files his First Amended Complaint. Any further motion to dismiss shall be addressed solely to any new allegations in the First Amended Complaint. If Plaintiff declines to file a First Amended Complaint, Wells Fargo shall file its Answer no later than 14 days after receiving notice of Plaintiff's proceeding on the remaining claims in his Complaint. IT IS SO ORDERED. (jloz)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
