Kmety et al v. Bank of America, Inc. et al
| Scott Kmety and Darla Kmety |
| Bank of America, Inc., Mortgage Electronic Registration Systems, Recontrust Company and DOES |
| 3:2010cv01910 |
| September 15, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B. Brooks |
| Larry Alan Burns |
| Foreclosure |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
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Filing
11
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)
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Filing
10
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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