Patel et al v. Home Savings of America et al
Sunil K. Patel and Daksha S. Patel |
Home Savings of America, Aurora Loan Services, Mortgage Electronic Registration System, Inc., Residential Funding LLC and DOES |
3:2010cv01845 |
September 3, 2010 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Michael M. Anello |
Barbara Lynn Major |
All Other Real Property |
28 U.S.C. ยง 1331 |
None |
Available Case Documents
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Filing 31 ORDER granting in part and denying in part 23 Motion to Dismiss Plaintiffs' Second Amended Complaint. Plaintiffs' First Cause of Action for TILA violations: To the extent Plaintiffs' damages claim rests upon events regarding the orig ination of the loan, it is time-barred and therefore dismissed with prejudice. Plaintiffs' Fourth through Seventh Causes of Action have been voluntarily dismissed by Plaintiffs. As the operative claims are in place, the Court Orders RFC to file an answer to Plaintiffs' Second Amended Complaint within fourteen days from the date of this Order. Signed by Judge Michael M. Anello on 7/25/2011. (All non-registered users served via U.S. Mail Service)(leh) |
Filing 9 ORDER: Granting 4 Motion to Dismiss filed by Defendant Residential Funding LLC; Granting 5 Motion to Dismiss filed by Defendants Aurora Loan Services and Mortgage Electronic Registration Systems, Inc.; and Denying 8 Request to Amend filed by Pl aintiffs. It is hereby ordered that the Motions to Dismiss are granted without prejudice. Plaintiffs' Request for Leave to Amend is denied. If Plaintiffs choose to seek leave of Court to file an amended complaint, Plaintiffs shall do so in accordance with Local Civil Rule 7.1. Signed by Judge Michael M. Anello on 10/19/2010. (leh) |
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