Watkinson v. MortgageIT, Inc. et al
| Don Tobin Watkinson |
| MortgageIT, Inc. |
| 3:2010cv00327 |
| February 9, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Irma E. Gonzalez |
| Barbara Lynn Major |
| Truth in Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
45
ORDER granting in part and denying in part Defendant's 31 Motion to Dismiss; granting in part and denying in part 32 Motion to Strike. Court dismisses w/ prejudice the following causes of action: 1.) 1st cause of action to extent it alleges a TILA claim for damages, 2.) 2nd cause of action for RESPA violations, 3.) 3rd cause of action for recission, 4.) 7th cause of action to extent it alleges a duty of care for a violation other than Dft's alleged misstatement of Pla's incom e and value of the Property on the loan application, and 5.) 8th and 9th causes of action for resulting and constructive trusts. Court dismisses w/ leave to amend the following causes of action: 1.) 1st cause of action to extent it alleges a TILA cla im for recission, 2.) 4th cause of action for violation of the unfair competition law, 3.) 5th cause of action for unjust enrichment, and 4.) 6th cause of action for predatory lending. Court denies the motion to dismiss in all other regards. Plaintif f shall have 30 days from the filing of this Order to file a First Amended Complaint. Court strikes w/ prejudice paragraphs 59,60, and 61 of the Complaint. Court denies the motion to strike in all other respects. Signed by Judge Irma E. Gonzalez on 6/1/2010. (jah) (jrl).
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Filing
27
ORDER signed by Senior Judge Lawrence K. Karlton on 2/9/10 ORDERING that this case is TRANSFERRED to U.S. District Court Southern District of California. The Court further orders that Defendants' MOTION TO DISMISS 6 and MOTION TO STRIKE 10 are DENIED, without prejudice, as moot. (Mena-Sanchez, L) [Transferred from California Eastern on 2/10/2010.]
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Filing
20
ORDER signed by Senior Judge Lawrence K. Karlton on 1/15/2010 ORDERING that the court does not find oral argument necessary re 6 10 Motions. The hearings currently set for 1/25/2010 are VACATED.(Matson, R)[Transferred from California Eastern on 2/10/2010.]
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| Defendant: MortgageIT, Inc. | |
| Represented By: | Kristine H Chen |
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| Plaintiff: Don Tobin Watkinson | |
| Represented By: | Mitchell Luke Abdallah |
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