Manlangit et al v. National City Mortgage et al

Filing 19

ORDER signed by Judge William B. Shubb on 9/27/2010 ORDERING 11 that defendant PNC's motion to dismiss plaintiffs' Complaint be, and the same hereby is, GRANTED; and the complaint is hereby DISMISSED as against National City Bank, National City Mortgage, PNC Mortgage, and PNC Bank National Association. (Reader, L) Modified on 9/28/2010 (Reader, L).

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Manlangit et al v. National City Mortgage et al Doc. 19 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 v. NATIONAL CITY MORTGAGE, an Ohio corporation, PNC MORTGAGE, an Ohio corporation itself and as parent/successor in interest to NATIONAL CITY MORTGAGE, CAL-WESTERN RECONVEYANCE CORPORATION and DOES 1-10 Defendants. / ----oo0oo---Plaintiffs Lydia O. Manlangit and Oscar T. Manlangit brought this action against defendants National City Mortgage, PNC Mortgage, and Cal-Western Reconveyance Corporation ("CalWestern") arising out of defendants' allegedly wrongful attempt to foreclose on plaintiffs' home. 1 Presently before the court is UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- LYDIA O. MANLANGIT and OSCAR T. MANLANGIT Plaintiffs, NO. CIV. 2:10-1225 WBS DAD ORDER Dockets.Justia.com 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 defendant PNC Bank National Association's ("PNC") motion to dismiss plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted.1 motion. motion. granted. IT IS THEREFORE ORDERED that defendant PNC's motion to dismiss plaintiffs' Complaint be, and the same hereby is, GRANTED; and the complaint is hereby DISMISSED as against National City Bank, National City Mortgage, PNC Mortgage, and PNC Bank National Association. DATED: September 27, 2010 Defendant Cal-Western has not joined the Plaintiffs filed a statement of non-opposition to the Because plaintiffs do not oppose the motion, it will be PNC Bank National Association is the successor by merger to National City Bank, previously doing business as "National City Mortgage," and named in the Complaint as "National City Mortgage" and "PNC Mortgage." 2 1

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