Gonzalez v. Homeq Servicing, et al

Filing 19

ORDER GRANTING Barclays Capital Real Estate, Inc. DBA Homeq Servicing's Motion tio Dismiss plaintiff's First Amended Complaint, signed by Judge Oliver W. Wanger on 1/20/2010. (Kusamura, W)

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Eric D. Houser (SBN 130079) J. Owen Campbell (SBN 229976) HOUSER & ALLISON A Professional Corporation 9970 Research Drive Irvine, California 92618 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant, BARCLAYS CAPITAL REAL ESTATE, INC. dba HOMEQ SERVICING, erroneously sued herein as Homeq Servicing UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CECILIA GONZALEZ, ) ) Plaintiff, ) ) v. ) ) ) HOMEQ SERVICING; MORTGAGE ) ELECTRONIC REGISTRATION ) SYSTEMS, INC.; and DOES 1 TO 100, ) ) inclusive; ) ) Defendants. ) ) Case No.: 09-00951-OWW-SMS The Honorable Oliver W. Wagner ORDER GRANTING BARCLAYS CAPITAL REAL ESTATE, INC. DBA HOMEQ SERVICING'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

Defendant Barclays Capital Real Estate, Inc. dba Homeq Servicing's Motion to Dismiss (the "Motion") was submitted on the papers pursuant to Local Rule 78-230(c), (h). Plaintiff filed no opposition to the Motion. After consideration of the
ORDER

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written submissions, the Court issued its memorandum decision regarding Defendant's Motion. The memorandum decision signed January 14, 2010 and filed January 15, 2010 as Document 17 in this matter sets forth the Court's reasoning in detail. For the reasons set forth in the memorandum decision, the Court hereby GRANTS Defendant's Motion to Dismiss as follows: (1) (2) (3) (4) (5) Plaintiff's first cause of action for rescission under TILA is timePlaintiff's second cause of action for damages under TILA is timePlaintiff's third cause of action under FDCPA is incognizable and Plaintiff's fourth cause of action for a violation of California Plaintiff's fifth cause of action for a violation of California Civil barred and DISMISSED WITH PREJUDICE. barred and DISMISSED WITH PREJUDICE. DISMISSED WITH PREJUDICE. Business & Professions Code § 17200 is DISMISSED WITH PREJUDICE. Code § 2923.52 is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Date: _January 20, 2010_ _/s/ OLIVER W. WANGER______ OLIVER W. WANGER United States District Judge

ORDER
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PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of eighteen and not a party to the within action. My business address is 9970 Research Drive, Irvine, California 92618. On January ___, 2010, I served the following document described as: [PROPOSED] ORDER GRANTING BARCLAYS CAPITAL REAL ESTATE, INC. DBA HOMEQ SERVICING'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT On the following interested parties in this action: Ronald H. Chew Law Offices of Ronald H. Chew APLC 3699 Wilshire Boulevard, 7th Floor Los Angeles, CA 90010 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff [X] VIA MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addressed as above, and placing each for collection and mailing on the date following ordinary business practices. I am readily familiar with my firm's business practice and collection and processing of mail with the United States Postal Service and correspondence placed for collection and mailing would be deposited with the United States Postal Service at Irvine, California, with postage thereon fully prepaid that same day in the ordinary course of business.

I declare under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Executed on January ___, 2010, at Irvine, California.

Courtney Hershey

ORDER
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