Maria Elena Hernandez v. Select Portfolio Servicing, Inc. et al
| Maria Elena Hernandez |
| Bank of America, N.A., Bank of New York Mellon, DOES 1 through 10, Does and Select Portfolio Servicing, Inc. |
| 2:2015cv01896 |
| March 13, 2015 |
| US District Court for the Central District of California |
| Margaret M. Morrow |
| Andrew J. Wistrich |
| Real Property: Other |
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Filing
59
JUDGMENT 58 by Judge Percy Anderson. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that; 1. Plaintiff take nothing; 2. This action is dismissed with prejudice; and 3. Defendants shall recover their costs of suit. IT IS SO ORDERED. (MD JS-6, Case Terminated). (lom)
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Filing
27
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS by Judge Margaret M. Morrow granting 18 MOTION to Dismiss Case: For the reasons stated, the court grants defendants' motion to dismiss with leave to amend. See In re Daou Sys., Inc., 411 F.3d 1006, 1013 (9th Cir. 2005) ("Dismissal without leave to amend is improper unless it is clear... that the complaint could not be saved by any amendment."); California ex rel. California Department of Toxic Substances Control v. Nevill e Chemical Co., 358 F.3d 661, 673 (9th Cir. 2004) ("[D]enial of leave to amend is appropriate if the amendment would be futile," citing Foman v. Davis, 371 U.S. 178, 182 (1962)). Hernandez may file an amended complaint within twenty (20) days of the date of this order if she is able to remedy the deficiencies the court has noted. Hernandez may not plead new claims. Should the scope of any amendment exceed the scope of leave to amend granted by this order, the court will strike the offending portions of the pleading under Rule 12(f). See FED.R.CIV.PROC. 12(f) ("The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act: (1) on its own; or (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading"); (see document for further details) (bm)
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