Horton et al v. California Credit Corp. Retirement Plan et al
| Michael Horton and Cathie L. Horton |
| California Credit Corp. Retirement Plan, Foreclosure Specialists, Inc. and DOES |
| 3:2009cv00274 |
| February 13, 2009 |
| US District Court for the Southern District of California |
| Other Statutory Actions Office |
| San Diego |
| Irma E. Gonzalez |
| Nita L. Stormes |
| Plaintiff |
| Federal Question |
| 15:1601 Truth in Lending |
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The following documents for this case are available for you to view or download:
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Filing
81
ORDER denying Plaintiffs' 78 Motion for Reconsideration re 77 Order and 74 Order on Motion for Summary Judgment. Motion for Summary Adjudication. Signed by Judge Irma E. Gonzalez on 1/11/2012. (jah). Modified on 1/12/2012 - Corrected spelling (jah).
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Filing
74
ORDER granting in part and denying in part Plaintiffs' 66 Motion for Summary Adjudication; granting in part and denying in part Defendants' 67 Motion for Summary Judgment. With respect to the rescission and the quiet title action, Court conditions both on Pla's deposit of the funds in an escrow acct. Dft ordered to provide Court with an accounting of the outstanding balance on the loan w/in 5 days of this Order. Plaintiffs may file any objections to the acocunting w/in 5 days of that. Court will issue an order regarding the amount to be tendered. Once amount is determined, Plaintiffs shall be entitled to a rescission of their loan and to quite title to the Property vis-a-vis Dft California Credit Corp. Retirement Pla prov ided they deposit the necessary tender amount in an escrow acct. Court concludes that Plaintiffs are entitled to summary judgment on their 4th cause of action alleging violations of the California unfair competition law, Court finds that Plaintiffs are not entitled to any damages on this cause of action. The parties' motions for summary judgment are denied in all othjer respects. Signed by Judge Irma E. Gonzalez on 12/7/2011. (jah)
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Filing
34
ORDER granting in part and denying in part Defendant's 20 Motion to Dismiss the Complaint; denying Defendant's 21 Motion to Compel Arbitration. Plaintiffs' TILA damages claim is dismissed w/ prejudice to extent it is premised on in sufficient disclosures at the consummation of the loan. Plaintiffs' TILA recoupment, RFDCPA, quiet title, accounting and declaratory relief claims are dismissed w/o prejudice. Plaintiffs may file a First Amended Complaint by 9/4/2009. Signed by Judge Irma E. Gonzalez on 8/13/2009. (jah) (av1).
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Filing
15
ORDER Granting Preliminary Injunction re 4 Order on Motion for TRO. During pendency of this action, Dfts are restrained and enjoined from engaging in or performing any act to deprive Plaintiffs of ownership and/or possession of the real property located at 10272 Rancho Carmel Drive, San Diego, CA 92128. Signed by Judge Irma E. Gonzalez on 3/16/2009. (jah) (jrl).
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Filing
4
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION granting 3 Motion for TRO. Order to Show Cause Hearing set for 3/11/2009 10:30 AM in Courtroom 01 before Judge Irma E. Gonzalez. This OSC and supporting papers must be served upon Dfts by 2/27/2009. Any response or opposition to this OSC must be filed by 3/6/2009. Signed by Judge Irma E. Gonzalez on 2/25/2009. (jah) (jrl).
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