Mitchell et al v. Bank Of America et al
| Will David Mitchell and Carol Louise Mitchell |
| Bank Of America, Real Time Resolutions, Inc., Bank of New York, US Bank and DOES |
| 3:2010cv00432 |
| February 25, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| William V. Gallo |
| M. James Lorenz |
| Other Statutory Actions |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
15
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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