Montegna v. Ocwen Mortgage Servicing, Inc. et al
| Gregory Montegna |
| Ocwen Mortgage Servicing, Inc. and Ocwen Loan Servicing, LLC |
| 3:2017cv00939 |
| May 8, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J. Battaglia |
| Barbara Lynn Major |
| Other Statutory Actions |
| 47 U.S.C. ยง 0227 |
| Plaintiff |
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Filing
31
ORDER denying 12 Motion to Stay ; granting in part and denying in part 26 Motion to Dismiss. Defendant's motion to stay is DENIED. Additionally, Plaintiff's negligence and punitive damages claims are DISMISSED WITH LEAVE TO AMEND. How ever, as Plaintiff has sufficiently pled a claim under both the TCPA and Rosenthal Act, Defendant's motion to dismiss these claims is DENIED. Therefore, Defendants motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff may file a second amended complaint curing the deficiencies noted herein within fourteen (14) days of this order's issuance. Signed by Judge Anthony J. Battaglia on 10/18/2017. (acc)
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