Frison v. WMC Mortgage Corporation et al
| Viola Frison |
| WMC Mortgage Corporation, Saxon Mortgage Service, Inc, All other claimants of whatsoever kind and character against real property commonly known as 440 Ringwood Drive, San Diego, CA 92114 and Does |
| 3:2009cv01733 |
| August 10, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Nita L. Stormes |
| Larry Alan Burns |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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| Document Text |
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Filing
43
ORDER Granting Motions to Dismiss 28 , 29 ; Frison's TILA and RESPA claims are dismissed with prejudice. The remaining claims are dismissed without prejudice but without leave to amend. The complaint in its entirety is dismissed without leave to amend. Other requests are denied as moot and all pending dates are vacated. Signed by Judge Larry Alan Burns on 9/29/11. (kaj)
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Filing
19
ORDER granting motion to expunge notice of lis pendens 6 and dismissing complaint without prejudice 5 , 8 ; the request for attorney's fees 6 is denied without prejudice; the complaint fails to state a claim; the request for rescission unde r TILA is dismissed without leave to amend, because her right to rescind under this statute is time-barred and tolling does not apply; in other respects, the complaint is dismissed without prejudice; if Plaintiff wishes to file an amended complaint t o remedy the defects identified in this order, she may do so no later than 28 calendar days from the date this order is issued; the request to strike is denied as unripe 5 ; all requests for judicial notice are denied, and requests for a more definite statement are denied as moot; Signed by Judge Larry Alan Burns on 9/29/10. (kaj)
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