Ibarra v. Loan City et al
| Armando Ibarra |
| Loan City, Aurora Loan Services, Inc., Cal-Western Reconveyance Corpoartion, Wachovia Financial Services, Inc., Harborside Financial Network and DOES |
| 3:2009cv02228 |
| October 8, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Irma E. Gonzalez |
| Louisa S Porter |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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| Document Text |
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Filing
45
ORDER granting in part and denying in part Aurora Loan Service's 33 Motion to Dismiss Plaintiff's First Amended Complaint. Court grants in part motion to dismiss w/ prejudice Pla's First Amended Complaint to the extent Pla asserts cl aims under TILA for rescission and for damages relating to the loan origination. Court denies motion to dismiss to the extent Pla asserts a claim for damages for violation of TILA's rescission provisions. Signed by Judge Irma E. Gonzalez on 4/20/2010. (jah)
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Filing
31
ORDER granting Dft Aurora Loan Services LLC's 6 Motion to Dismiss and denying as moot 7 Motion to Strike Portions of Pla's Complaint. Pla's causes of action for predatory lending, breach of fiduciary duties, constructive fraud, fra ud, negligent misrepresentation, and violation of Section 17200 are dismissed w/ prejudice. Pla's cause of action for violation of TILA is dismissed w/o prejudice. Court grants Pla leave to amend the Complaint w/ respect to Pla's TILA cause of action. Pla shall file the amended complaint no later than 20 days from the filing date of this Order. Signed by Judge Irma E. Gonzalez on 1/27/2010. (jah) (jrl).
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