Carillo v. Countrywide Home Loans et al

Plaintiff: Carlos Carillo
Defendant: Countrywide Home Loans, Countrywide Brokerage Arm, All other claimants of whatsoever kinda and character and DOES
Case Number: 3:2009cv02676
Filed: November 30, 2009
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: William V. Gallo
Presiding Judge: Dana M. Sabraw
Nature of Suit: Plaintiff
Cause of Action: 15:1601 Truth in Lending
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
May 12, 2010 17 Opinion or Order of the Court ORDER granting in part and denying in part 9 Defendant's Motion to Dismiss. The Court grants in part and denies in part Defendant CHL's motion to dismiss. Specifically, the Court grants the motion to dismiss Plaintiff's first, second , eighth, ninth, eleventh and twelfth claims for relief. Plaintiff's seventh claim for relief is also dismissed as to the fraud prong, only. As to the remainder of Plaintiff's claims, the motion is denied. Plaintiff is granted leave to file a Second Amended Complaint that cures the pleading deficiencies set out in this Order. The Second Amended Complaint shall be filed on or before May 21, 2010. Plaintiff shall also contact the Magistrate Judge's chambers to schedule an Early Neutral Evaluation Conference within 30 days of the filing of this Order, at which time all pretrial and trial dates shall be set. Signed by Judge Dana M. Sabraw on 5/12/10. (lao)

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Plaintiff: Carlos Carillo
Represented By: Lincoln B Quintana
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Defendant: Countrywide Home Loans
Represented By: Sean D Muntz
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Defendant: Countrywide Brokerage Arm
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Defendant: All other claimants of whatsoever kinda and character
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Defendant: DOES
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