Harrington v. Home Capital Funding, Inc
| Dina Harrington |
| Countrywide Mortgage Inc., Home Capital Funding, Inc. and DOES |
| 3:2008cv01579 |
| August 28, 2008 |
| US District Court for the Southern District of California |
| Real Property: Other Office |
| San Diego |
| Louisa S Porter |
| Barry Ted Moskowitz |
| Plaintiff |
| Federal Question |
| 15:1601 Truth in Lending |
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Filing
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ORDER Granting In Part and Denying In Part 10 Motion to Dismiss. The motion is denied as to Plaintiff's claim for rescission under the TILA but is otherwise granted. The Court dismisses without prejudice Plaintiff's claims for damages und er the TILA, unfair debt collection practices, predatory lending practices, fraud - violation of Cal. Bus. & Prof. Code § 17200, and declaratory relief. Plaintiff may file a Second Amended Complaint within 20 days of the entry of this order. If Plaintiff does not file a Second Amended Complaint, Countrywide shall file an answer to the FAC within 35 days of the entry of this order. Signed by Judge Barry Ted Moskowitz on 3/2/09. (All non-registered users served via U.S. Mail Service).(vet) (jrl).
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