Sipe v. Countrywide Bank, et al.

Filing 56

ORDER on Defendant's Motions to Dismiss Plaintiff's Second Amended Complaint, signed by Judge Oliver W. Wanger on 7/30/2010. (Gaumnitz, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
ATTO R N E Y S A T L A W

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP DANIEL L. BAXTER (SBN 203862) ANTHONY R. EATON (SBN 238070) 400 Capitol Mall, Twenty-Second Floor Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SIERRA PACIFIC MORTGAGE COMPANY, INC.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

VINCENT SIPE, Plaintiff, v. COUNTRYWIDE BANK; SIERRA PACIFIC MORTGAGE COMPANY, INC.; BANK OF MADERA COUNTY; COUNTRYWIDE DOCUMENT CUSTODY SERVICES, A DIVISION OF TREASURY BANK N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC.; FINANCIAL ADVANTAGE, INC.; JOHN NORBERG; CAROL DESILVA; and Does 1-20, inclusive, Defendants.

Case No. 1:09-CV-00798-OWW-DLB ASSIGNED FOR ALL PURPOSES TO U.S. DISTRICT JUDGE OLIVER W. WANGER, Department 3 ORDER ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

Complaint Filed: May 4, 2009

The motions to dismiss of Defendants SIERRA PACIFIC MORTGAGE COMPANY, INC. ("Sierra Pacific"), COUNTRYWIDE BANK ("Countrywide"), and MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. ("MERS") came on regularly for hearing on June 21, 2010 before the Honorable Oliver W. Wanger. Plaintiff appeared by and through Jonathan G. Stein of the Law Offices of Jonathan G. Stein, Elk Grove, California. Sierra Pacific appeared by and through Anthony R. Eaton of Wilke, Fleury, Hoffelt, Gould & Birney, LLP,
566527.1

-1ORDER ON DEFENDANTS' MOTIONS TO DISMISS (Case No. 09-00798 OWW/DLB)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
ATTO R N E Y S A T L A W

Sacramento, California. Countrywide and MERS appeared by and through Andrew W. Noble of Severson and Werson, San Francisco, California. After reviewing the paperwork submitted by the parties and hearing oral argument, the Court issued its Memorandum Decision and Order ("Memorandum Decision") granting the Defendants' respective motions to dismiss Plaintiff's Second Amended Complaint. That ruling is recorded on the Court's docket as CM/ECF Document No. 53, and the language of the Memorandum Decision is incorporated into this Order as though fully set forth herein. Based on the above, IT IS HEREBY ORDERED THAT: 1. Countrywide, MERS, and Sierra Pacific's respective motions to dismiss Plaintiff's

First Cause of Action for fraud are GRANTED WITHOUT LEAVE TO AMEND. 2. Countrywide and MERS' respective motions to dismiss Plaintiff's Fourth Cause of

Action for violation of the Rosenthal Fair Debt Collection Practices Act are GRANTED WITHOUT LEAVE TO AMEND. 3. Countrywide, MERS, and Sierra Pacific's respective motions to dismiss Plaintiff's

Seventh Cause of Action for Violation of the Unfair Competition Law (California Business and Professions Code section 17200 et seq.) are GRANTED WITHOUT LEAVE TO AMEND.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

July 30, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

emm0d64h

566527.1

-2ORDER ON DEFENDANTS' MOTIONS TO DISMISS (Case No. 09-00798 OWW/DLB)