Bennett v. One West Bank et al
| Christine A Bennett |
| One West Bank, Federal Deposit Insurance Corporation and DOES |
| 3:2010cv01884 |
| September 9, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B. Brooks |
| Barry Ted Moskowitz |
| All Other Real Property |
| 12 U.S.C. ยง 1819 |
| Defendant |
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Filing
15
ORDER RE Motions for Dismissal, Motion to Expunge Lis Pendens.The Court Grants 6 Defendant FDIC's, in its capacity as receiver for IndyMac Bank, motion for dismissal under Fed. R. Civ. P. 12(b)(1), or, in the alternative, for summary judgment on all of Plaintiff's claims. Plaintiff's claims against OneWest are Dismissed with leave to amend. Plaintiff may file an amended complaint within twenty days to cure the deficiencies discussed above. OneWest's motion to expunge the l is pendens is Granted without prejudice to Plaintiff applying to have the lis pendens reinstated if she chooses to file a second amended complaint. Signed by Judge Barry Ted Moskowitz on 6/23/11. (All non-registered users served via U.S. Mail Service)(ecs)
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