Rivera v. GMAC Mortgage et al
| Luz Rivera |
| GMAC Mortgage, JP Morgan Chase, Paul Financial, LLC, ETS Services, LLC, Mortgage Electronic Registration Systems, Inc., Republic 2, Joe Nguyen and Minh Duong |
| 2:2009cv01639 |
| June 12, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Lawrence K. Karlton |
| John F. Moulds |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
45
ORDER signed by Senior Judge Lawrence K. Karlton on 1/8/10 the court GRANTS IN PART Dfts' motion to dismiss the Complaint, 20 22 . The court DISMISSES WITHOUT PREJUDICE the following claims: First Claim, for damages under TILA, as to dft Paul Financial; Third Claim, for negligence, as to dfts GMAC, MERS, and ETS; Fifth Claim, for breach of fiduciary duty, as to dft Paul Financial; Sixth Claim, for fraud, as to dfts Paul Financial, GMAC, MERS, and ETS; Eighth Claim, for breach of contract, as to dft Paul Financial; Ninth Claim, for breach of the implied covenant of good faith and fair dealing, as to dft Paul Financial; Tenth Claim, for wrongful foreclosure, as to dfts GMAC and ETS; The court DISMISSES WITH PREJUDICE the following clai m: First Claim, for rescission under TILA, as to dft Paul Financial; The court DENIES dfts' motions to dismiss, 20 22 , as to the following claims, insofar as they are premised on the theories found adequate in the analysis above: Second Claim , under the Rosenthal Act, as to dfts GMAC and ETS; Third Claim, for negligence, as to dft Paul Financial; Fourth Claim, under RESPA, as to dfts Paul Financial and GMAC; Seventh Claim, under UCL, as to dfs Paul Financial, GMAC, MERS, and ETS; Elevent h Claim, under Cal. Civ. Code § 1632, as to dfts GMAC, MERS, and ETS; The court DENIES Paul Financials motion for a more definite statement. The court further orders that pltf is granted twenty days from the date of the issuance of this order in which to file an amended complaint as to all dismissed claims except for rescission under TILA.(Becknal, R)
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Filing
38
ORDER signed by Senior Judge Lawrence K. Karlton on 10/23/09 ORDERING that Paul Financial shall serve the Frank Declaration with all exhibits on plaintiff by November 2, 2009. Plaintiff shall file an amended opposition, if any, to Paul Financial 9;s motion in light of the exhibits by November 12, 2009. Paul Financial shall file its reply, if any, by November 23, 2009. Furthermore, the court does not find oral argument necessary in this matter. Accordingly, the hearing currently set for October 26, 2009 is VACATED. (Becknal, R)
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Filing
28
ORDER signed by Senior Judge Lawrence K. Karlton on 9/10/09 ORDERING counsel for pltf to SHOW CAUSE in writing by 9/21/09 why this case should not be dismissed for failure to submit a status report. A further status conference is SET for 12/7/2009 at 03:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kastilahn, A)
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Filing
17
ORDER signed by Senior Judge Lawrence K. Karlton on 08/14/09 DENYING, a moot, 8 Motion to Dismiss, 10 Motion to Dismiss and 12 Motion to Dismiss. (Streeter, J)
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