Miller et al v. California Reconveyance Company et al
| James Miller and Tonga McMasters |
| California Reconveyance Company, Washington Mutual Bank, JP Morgan Chase Bank, WAMU Mortgage Pass Through Certificates Series 2007-HY06 Trust and DOES |
| 3:2010cv00421 |
| February 24, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cathy Ann Bencivengo |
| Irma E. Gonzalez |
| Other Statutory Actions |
| 15 U.S.C. ยง 1601 Truth in Lending |
| None |
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Filing
22
ORDER granting in part and denying in part Defendants California Reconveyance Company, JP Morgan Chase Bank, WAMU Mortgage Pass Through Certificates Series 2007-HY06 Trust, Bank of America and Washington Mutual Bank's 19 Motion to Dismiss. The following causes of action are dismissed w/ prejudice: 1.) 1st, 2nd and 3rd causes of as to all Moving Dfts, 2.) 4th cause of action for quiet title as to Dfts JP Morgan and California Reconveyance Company (CRC), 3.) 5th and 6th causes of action as to Dft JP Morgan, 4.) 5th cause of action as to Dfts CRC and Bank of America (BOA) to extent it alleges a TILA claim for damages and a HOEPA claim, and 5.) 7th, 8th and 9th causes of action as to all Moving Dfts. The following causes of action are di smissed w/ leave to amend: 1.) 6th cause of action for violation of California Business & Professions Code 17200 as to Dfts CRC and BOA and 2.) 10th cause of action for inaccurate calculation of redemption amount as to all Moving Dfts. If Plaintiffs wish to file an amended complaint, they should do so within 21 days of the filing of this Order. Signed by Judge Irma E. Gonzalez on 7/22/2010. (jah)
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