Davidson v. Countrywide Home Loans, Inc et al
| Harriet Davidson |
| Countrywide Home Loans, Inc, BAC Home Loans Servicing, LP, Mortgage Electronic Registration System, Inc., LandSafe Title Corporation and Does |
| Recontrust Company, N.A. |
| 3:2009cv02694 |
| December 2, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| Marilyn L. Huff |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
48
ORDER granting Defendants' 43 Motion to Dismiss Plaintiffs' 42 Third Amended Complaint. Plaintiffs may file an amended complaint within twenty (20) calendar days from the date of this Order. Should Plaintiffs fail to amend the complaint within the time permitted or fail to address the deficiencies discussed in this Order, Plaintiffs' remaining claims will be dismissed with prejudice. If Plaintiffs decide to amend their complaint, no additional parties or causes of action shall be included without first filing a motion for leave to amend. Signed by Judge Irma E. Gonzalez on 3/29/11. (rlu)
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Filing
32
ORDER granting in part and denying in part Defendants' 27 Motion to Dismiss First Amended Complaint. Motion to dismiss w/o prejudice is granted as to Plaintiffs' cause of action for: 1.) wrongful foreclosure, 2.) cancellation of the Trust Deeds, 3.) quiet title, and 4.) violation of CA Civil Code 789.3. Plaintiffs' cause of action for breach of fiduciary duty is dismissed w/ prejudice. Motion to dismiss is denied as to the causes of action for: 1.) violation of RESPA, section 26 05, 2.) violation of RESPA, section 2604, 3.) violation of TILA, 4.) violation of CA Business and Professions Code 17200 and 5.) fraud in the inducement. If Plaintiffs' choose to amend their complaint, Plaintiffs shall not add additional parties or causes of action w/o first filing a motion for leave to amend. Signed by Judge Irma E. Gonzalez on 7/23/2010. (jah)
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Filing
23
ORDER granting in part and denying in part Defendants' 7 Motion to Dismiss. Court grants Dfts' motion to dismiss w/ prejudice as to Pla's cause of action for violation of CA Civil Code 2943(b)(1), grants the motion to dismiss w/o pre judice as Pla's causes of action for quiet title and declaratory relief; and denies motion to dismiss as to Pla's cause of action for violation of RESPA. Pla may amend the Complaint. Pla shall file the amended complaint no later than 20 days from the date this order is filed. Signed by Judge Irma E. Gonzalez on 3/16/2010. (jah) (jrl).
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