Kmety et al v. Bank of America, Inc. et al

Plaintiff: Scott Kmety and Darla Kmety
Defendant: Bank of America, Inc., Mortgage Electronic Registration Systems, Recontrust Company and DOES
Case Number: 3:2010cv01910
Filed: September 15, 2010
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Ruben B. Brooks
Presiding Judge: Larry Alan Burns
Nature of Suit: Foreclosure
Cause of Action: 15:1601
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 17, 2011 11 Opinion or Order of the Court ORDER Dismissing Certain Claims and Order of Remand. Plaintiffs' claims under TILA and RESPA are DISMISSED WITH PREJUDICE. This action is therefore REMANDED to the Superior Court of the State of California for the County of San Diego. Signed by Judge Larry Alan Burns on 10/17/11 (cc: San Diego Superior Court)(kaj)
September 30, 2011 10 Opinion or Order of the Court ORDER granting in part 5 Motion to Dismiss. Because the complaint fails to plead a viable TILA or RESPA claim, the complaint's eighth and ninth causes of action are dismissed without prejudice. Defendants' motion to dismiss is denied with out prejudice as to the remaining claims. Plaintiffs are Ordered to Show Cause why those two claims should not be dismissed with prejudice. They may do so no later than 14 calendar days from the date this order is issued, by filing a memorandum of po ints and authorities not exceeding ten pages (not counting any lodged or appended material). Alternatively, if they agree these two claims may be dismissed with prejudice, they should file a notice so stating. Defendants may file a reply within ten calendar days of the response's filing date. Signed by Judge Larry Alan Burns on 9/30/11. (kaj)

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Plaintiff: Scott Kmety
Represented By: Jennifer B. Siverts-McGrady
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Plaintiff: Darla Kmety
Represented By: Jennifer B. Siverts-McGrady
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Defendant: Bank of America, Inc.
Represented By: Robert Nathan Treiman
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Defendant: Mortgage Electronic Registration Systems
Represented By: Robert Nathan Treiman
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Defendant: Recontrust Company
Represented By: Robert Nathan Treiman
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Defendant: DOES
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