Badua v. Freemont Investment & Loan et al
| Marina Aguiran Badua |
| Freemont Investment & Loan, Countrywide Mortgage, Bank of America, Mortgage Electronic Registration System and Does 1 - 100 |
| 1:2010cv00580 |
| October 6, 2010 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E KOBAYASHI |
| DAVID ALAN EZRA |
| Other Fraud |
| 15 U.S.C. ยง 1601 |
| None |
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Filing
45
ORDER: (1) GRANTING DEFENDANTS' MOTIONS TO DISMISS COMPLAINT 18 , 21 ; (2) DISMISSING WITH PREJUDICE PLAINTIFF'S DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND TILA RESCISSION CLAIMS; (3) DISMISSING WITHOUT PREJUDICE ALL OTHER CLAIMS;AND (4) GRANTING PLAINTIFF LEAVE TO AMEND THE COMPLAINT. ~ Excerpt of Order: "[T]he Complaint is DISMISSED as against all Defendants in this action with leave to amend the Complaint no later than 30 days from the fil ing of this Order, with the exception Plaintiff's claims for declaratory relief, injunction, and TILA rescission, which have been DISMISSED WITH PREJUDICE as a matter of law. Failure to file an amended complaint and to cure the pleading deficien cies will result in dismissal of this action with prejudice." ~ Signed by JUDGE DAVID ALAN EZRA on 4/19/2011. [Order follows hearing held 4/18/2011 re: Motions to Dismiss, doc nos. 18 and 21 . Minutes of hearing: docket entry no . 44 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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