Mitchell et al v. Bank Of America et al
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|Date Filed||#||Document Text|
|January 31, 2011
ORDER granting in part and denying in part 8 Motion to Dismiss and granting leave to amend: Dismissal of plaintiffs' TILA rescission claim is granted without prejudice for failure to allege tender or ability to tender and denied as to timeline ss; Dismissal of plaintiffs' TILA damages claim is denied; Dismissal of plaintiffs' California Business Professions Code § 17200 claim based on plaintiffs' TILA rescission claim is granted without prejudice; Dismissal of plaintiff s' California Business Professions Code § 17200 claim based on plaintiffs' TILA damages claim is denied; Dismissal of plaintiffs' quiet title claim is granted without prejudice. It is further Ordered that if plaintiffs intend to amend the complaint, they shall do so no later than 2/14/11. Signed by Judge M. James Lorenz on 1/31/11. (lmt)
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