Bunce v Ocwen

Filing 28

ORDER signed by Senior Judge William B. Shubb on 9/30/13 ORDERING that defendant's MOTION to DISMISS 25 is GRANTED; Plaintiff has twenty days from the date of this Order to file an amended complaint, if plaintiff can do so consistent with the Court's previous Order of 7/17/13. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JAMES V. BUNCE,
Plaintiff,

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No. CIV. 2:13-00976 WBS EFB

v.

ORDER RE: MOTION TO DISMISS

OCWEN LOAN SERVICING, LLC; and
DOES 1-10 inclusive,
Defendants.

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----oo0oo---Plaintiff filed a First Amended Complaint (“FAC”) on
August 5, 2013, bringing claims for: (1) violation of the
California Homeowner Bill of Rights, Cal. Civ. Code. § 2923.55;
(2) breach of the implied covenant of good faith and fair
dealing; (3) negligence; and (4) violation of California Unfair
Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq.
(See FAC ¶¶ 20-64 (Docket No. 19).)

Defendant now moves to

dismiss the FAC pursuant to Rule 12(b)(6).

(Docket No. 25.)

Plaintiff has filed a statement of non-opposition to defendant’s

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motion to dismiss.

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(Docket No. 27.)

IT IS THEREFORE ORDERED that defendant’s motion to
dismiss be, and the same hereby is, GRANTED.

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Plaintiff has twenty days from the date of this Order

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to file an amended complaint, if plaintiff can do so consistent

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with the court’s previous Order of July 17, 2013.

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Dated:

September 30, 2013

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