Selby v. Bank of America, Inc. et al
| Jacqueline Kim Selby |
| Bank of America, Inc., Aztec Foreclosure Corporation, EMC Mortgage Corporation, Recontrust Company and GMAC Mortgage LLC |
| 3:2009cv02079 |
| September 23, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| Barry Ted Moskowitz |
| Both |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Both |
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| Document Text |
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Filing
97
ORDER on Motions to Dismiss. The Court grants Aztec's motion to dismiss [Doc.No. 88] and EMC's motion to dismiss [Doc. No. 85]. GMAC's motion to dismiss [Doc. No. 87] is granted in part and denied in part. The Court grants Plaintiff leave to amend her RESPA claim against EMC and her fraud and unjust enrichment claims against GMAC. If Plaintiff chooses to do so, she must file her Third Amended Complaint on or before April 4, 2011. If no amended complaint is filed by that date, GMAC shall file an answer to the SAC on or before April 15, 2011. Signed by Judge Barry Ted Moskowitz on 3/14/2011. (jer)
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Filing
83
ORDER Granting Motions to Dismiss. The Court GRANTS Aztec's motion to dismiss [Doc. No. 62], EMC's motion to dismiss [Doc. no. 63], and GMAC's motion to dismiss [Doc. No. 61]. Plaintiff's First Amended Complaint is DISMISSED as to these defendants. If Plaintiff chooses to amend her complaint, she must file the Second Amended Complaint within 20 days of the entry of this order. Signed by Judge Barry Ted Moskowitz on 10/27/10. (jer)
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