Pimentel et al v. Deutcshe Bank National Trust Company et al
| David Pimentel and Aldo Pimentel |
| Deutcshe Bank National Trust Company, Cal-Western Reconveyance Corporation, Ocwen Loan Servicing, LLC, Resmae Mortgage Company, Cintiva Financial Corporation, Hector Casillas, Gladys Franco, New Century Title Company, Arthur Santelices, Jr and DOES |
| 3:2009cv02659 |
| November 24, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cathy Ann Bencivengo |
| John A. Houston |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
18
ORDER sua sponte remanding complaint to State Court pursuant to Fed.R.Civ.P. 12(h). (certified copy sent to Superior Court). Signed by Judge John A. Houston on 01/18/11.(jpp)
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Filing
11
ORDER Granting In Part and Denying In Part (Doc. 3 ) Defendants' Motion to Dismiss. It is Ordered that defendants' motion to dismiss plaintiffs' first and sixth causes of action is Denied; Defendants' motion to dismiss plaintiffs ' second, third, fourth, and fifth causes of action is Granted and plaintiffs' second, third, fourth and fifth causes of action are Dismissed without prejudice; Defendants' motion to dismiss plaintiffs' seventh cause of action for rescission under TILA is Granted and plaintiffs' seventh cause of action is Dismissed with prejudice; Defendants' motion to dismiss plaintiffs' conversion claim contained in the eighth cause of action is Granted and plaintiffs' e ighth cause of action is Dismissed with prejudice; Defendants' motion to dismiss plaintiffs' ninth cause of action for declaratory relief is Denied; Defendants' motion to strike plaintiffs' injunctive relief request is Granted; and Plaintiffs' request for leave to amend is Granted. Plaintiffs shall file an amended complaint by October 8, 2010. Signed by Judge John A. Houston on 9/20/2010. (srm)
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