Jensen v. JP Morgan Chase Bank, N.A.

Filing 26

ORDER GRANTING Defendant's Motion to Dismiss the First Amended Complaint, signed by Judge Oliver W. Wanger on 4/20/2010. (Kusamura, W)

1 2 3 4 5 6 7 8 9 10 11
ADORNO YOSS ALVARADO & SMITH

JOHN M. SORICH (CA Bar No. 125223) [e-mail] S. CHRISTOPHER YOO (CA Bar No. 169442) [e-mail] MACEY CHAN (CA Bar No. 258470) [e-mail] ADORNO YOSS ALVARADO & SMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Tel: [phone] Fax: [phone] Attorneys for Defendant JPMORGAN CHASE BANK, N.A., FOR ITSELF AND AS AN ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FDIC ACTING AS RECEIVER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID E. JENSEN, Plaintiff, v. QUALITY LOAN SERVICE CORP, WASHINGTON MUTUAL BANK, FA; JP MORGAN CHASE BANK, NA; and DOES 1 to 10, inclusive, Defendants. ACTION FILED: June 5, 2009 CASE NO.: 09-cv-01789 OWW DLB JUDGE: Hon. Oliver W. Wanger

12
ATT O R N E Y S A T L A W SANT A A N A

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT DATE: February 22, 2010 TIME: 10:00 a.m. DEPT: "3"

The Court having reviewed the Motion to Dismiss ("Motion") the first amended complaint ("FAC") of plaintiff David Jensen ("Plaintiff) filed by defendant JPMorgan Chase Bank, N.A. ("JPMorgan"), for itself and as an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC acting as receiver, and good cause appearing therefore, hereby orders as follows: 1. As to the declaratory relief claim, the motion to dismiss is granted and this claim is 1
ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT 1119591.1

dismissed without leave to amend.

1 2 3 4 5 6 7 8 9 10 11
ADORNO YOSS ALVARADO & SMITH

2.

As to the fraud claims, the motion to dismiss is granted, and these claims are

dismissed with leave to amend. 3. As to the California Civil Code § 1572 claim, the motion to dismiss is granted, and

this claim is dismissed without leave to amend. 4. As to the RESPA claim, the motion to dismiss is granted and this claim is dismissed

with leave to amend. 5. As to the reformation claim, the motion to dismiss is granted and this claim is

dismissed with leave to amend. 6. As to the quiet title claim, the motion to dismiss is granted, and this claim is granted

with leave to amend. 7. As to the claim to set aside foreclosure, the motion to dismiss is granted and this

12
ATT O R N E Y S A T L A W SANT A A N A

claim is dismissed without prejudice. 8. As to the UCL claim, the motion to dismiss is granted and this claim is dismissed

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

with leave to amend. 9. As to the RFDCPA claim, the motion is granted and this claim is dismissed with

leave to amend. 10. As to the injunctive relief "claim" the motion to dismiss is granted and this claim is

dismissed without leave to amend. 11. In light of the ruling on the motion to dismiss, the motion for a more definite

statement is denied as moot. 12. Plaintiff shall file and serve any amended pleading within thirty (30) days of

electronic service of the Court's Memorandum Decision. A true and correct of the Court's Memorandum Decision is attached as Exhibit "A."

IT IS SO ORDERED. Dated:
1119591.1

April 20, 2010

2

/s/ Oliver W. Wanger

ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT

1 2 3 4 5 6 7 8 9 10 11
ADORNO YOSS ALVARADO & SMITH

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

emm0d64h

12
ATT O R N E Y S A T L A W SANT A A N A

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1119591.1

3
ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT