Michael K. Gardner et al v. Bank of America, NA et al

Filing 67

JUDGMENT FOR DEFENDANTS by Judge Margaret M. Morrow. IT IS ORDERED AND ADJUDGED That the claims of plaintiff Alvin Brown are dismissed for lack of standing; That plaintiff Michael Gardner take nothing by way of her complaint; and That the action be, and it is hereby, dismissed, (MD JS-6, Case Terminated). (bp)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 8 MICHEL K. GARDNER, 9 10 11 12 13 14 15 16 17 Plaintiffs, vs. BANK OF AMERICA, NA; WELLS FARGO BANK, NA; WELLS FARGO HOME MORTGAGE; FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC; NO RED TAPE MORTGAGE; FIRST HORIZON HOME LOAN CORPORATION; DOES 1-10, Defendants. ) CASE NO. CV 13-07348 MMM (FFMx) ) ) ) ) ) JUDGMENT FOR DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) ) ) 18 19 Plaintiffs Michel Gardner and Alvin Brown filed this action on October 3, 2013, alleging 20 claims for violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et 21 seq., violation of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, et seq., violation of the 22 Rosenthal Fair Debt Collection Practices Act, California Civil Code § 1788, et seq., California’s 23 Unfair Competition Law, California Business & Professions Code § 17200 et seq., wrongful 24 foreclosure, breach of contract, and breach of the implied covenant of good faith and fair dealing. 25 On November 13, 2013, Gardner and Brown voluntarily dismissed their claims against defendant 26 No Red Tape Mortgage. On February 3, 2014, the court dismissed all of Brown’s claims for lack 27 of standing. On May 29, 2014, the court dismissed Gardner’s claims against First Horizon Home 28 Loan Corporation with prejudice for failure to prosecute. On October 14, 2014, the court entered 1 an order dismissing Gardner’s claims against Bank of America, Wells Fargo Bank, and First 2 American Trustee Servicing Solutions LLC with prejudice. Accordingly, 3 4 IT IS ORDERED AND ADJUDGED 5 1. That the claims of plaintiff Alvin Brown are dismissed for lack of standing; 6 2. That plaintiff Michel Gardner take nothing by way of her complaint; and 7 3. That the action be, and it is hereby, dismissed. 8 9 10 DATED: October 15, 2014 JS-6 MARGARET M. MORROW UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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