Ozuna v. Home Capital Funding et al
| Jose Ozuna |
| Home Capital Funding, San Diego County Real Estate Services, Countrywide Home Loans, All Other Claimants and DOES 1 through 100 |
| 3:2008cv02367 |
| December 19, 2008 |
| US District Court for the Southern District of California |
| Truth in Lending Office |
| San Diego |
| Louisa S Porter |
| Marilyn L. Huff |
| Plaintiff |
| Federal Question |
| 15:1601 Truth in Lending |
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Filing
34
ORDER granting Countrywide's 21 Motion to Dismiss Pla's First Amended Complaint. Court grants Countrywide's motion to dismiss w/o prejudice all nine causes of action. Court grants Countrywide's request for judicial notice and de nies as moot Plaintiff's request for judicial notice. Pla have one more opportunity to amend the complaint. Pla's shall file the Amended Complaint no later 20 days from the filing of this Order. Signed by Judge Irma E. Gonzalez on 11/30/2009. (All non-registered users served via U.S. Mail Service)(jah) (jrl).
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Filing
17
ORDER granting in part and denying in part Countrywide Home Loan's 9 Motion to Dismiss. Court: 1.) denies Countrywide's motion w/ regard to RESPA claim concerning QWRs, dismisses w/o prejudice remaining RESPA claim against Countrywide, 2 .) denies the motion w/ regard to Pla's TILA and TILA rescission claim, 3.) dismisses w/o prejudice Pla's CA Code 1632 claim against Countrywide, 4.) dismisses w/o prejudice Pla's negligent misrepresentation against Countrywide, 5.) di smisses w/o prejudice Pla's unjust enrichment claim against Countrywide. and 6.) dismisses w/o prejudice Pla's quiet title claim against Countrywide. Pla may amend the Complaint w/in 20 days, to cure the deficiences. Signed by Judge Irma E. Gonzalez on 8/13/2009. (jah) Modified on 8/14/2009 - Corrected spelling (jah). (jrl).
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