Pelayo v. Home Capital Funding et al

Plaintiff: Petra Pelayo
Defendant: Home Capital Funding, Your Money Store, EMC Mortgage Corporation, and all other claimants of whatsoever kind and character against real property commonly known as 2721 Wardlow Avenue, San Diego, CA 92154 APN 637-182-31-00 and DOES 1 through 100 inclusive
Case Number: 3:2008cv02030
Filed: October 31, 2008
Court: California Southern District Court
Office: Truth in Lending Office
County: San Diego
Presiding Judge: Roger T. Benitez
Referring Judge: Louisa S Porter
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 15:1601 Truth in Lending

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
June 4, 2009 30 Opinion or Order of the Court ORDER granting Plaintiff's 28 Ex Parte Motion for Order to Serve Defendant Home Capital Funding Through the California Secretary of State. Court orders that service of process upon Home Capital Funding, be made by delivery of process to the California Secretary State, or assistant or deputy thereof, pursuant to 1702 of the California Corporations Code. Signed by Judge Irma E. Gonzalez on 6/4/2009. (jah) (jrl).
May 22, 2009 25 Opinion or Order of the Court ORDER granting in part and denying in part Defendant EMC Mortgage's 8 Motion to Dismiss; granting in part and denying in part 9 Defendant EMC Mortgage's Motion to Strike. Court denies Dft EMC's motion to dismiss Pla's RESPA an d TILA claims and dismisses w/o prejudice Pla's claims for violation of Cal. Civ. Code 1632, negligent misrepresentation, and unjust enrichment. Pla may file a First Amended Complaint by 6/15/2009. Court grants Dft EMC's motion to strike Pl a's request for punitive damages from TILA and RESPA claims. Court denies Dft EMC's motion to strike Pla's request for atty's fees from Pla's TILA and RESPA claims and denies as moot Dft EMC's motion to strike Pla's prayer's fromn relief from Pla's state law claims. Signed by Judge Irma E. Gonzalez on 5/22/2009. (jah)(jrl).

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Search for this case: Pelayo v. Home Capital Funding et al
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Plaintiff: Petra Pelayo
Represented By: Lincoln B Quintana
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Defendant: Home Capital Funding
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Defendant: Your Money Store
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Defendant: EMC Mortgage Corporation
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Defendant: and all other claimants of whatsoever kind and character against real property commonly known as 2721 Wardlow Avenue, San Diego, CA 92154 APN 637-182-31-00
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Defendant: DOES 1 through 100 inclusive
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