Schroeder v. Caliber Home Loans, Inc., et al.

Filing 20

ORDER signed by District Judge Troy L. Nunley on 3/29/2018 ADOPTING 19 Findings and Recommendations GRANTING 5 Motion to Dismiss; Plaintiff's claims for violation of California Civil Code § 2923.6(c) and (e) (claims one and two) as DISM ISSED without leave to amend; Plaintiff's negligence and Cal. Bus. & Prof. Code §§ 17200, et seq. claims (claims three and four) are DISMISSED with leave to amend; and Plaintiff is GRANTED 30 days from the date of this Order is filed to file an amended complaint. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RITA SCHROEDER,

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Plaintiff,

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No. 2:17-cv-00977-TLN-EFB PS

v.

ORDER

CALIBER HOME LOAN, INC. et al.,

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Defendants.

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On March 12, 2018, the magistrate judge filed findings and recommendations herein,

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. (ECF No. 19.) No objections were

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filed.

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The Court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the findings and recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The findings and recommendations filed March 12, 2018 (ECF No. 19), are adopted;

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2. Defendants’ motion to dismiss (ECF No. 5) is granted;

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3. Plaintiff claims for violation of Cal. Civ. Code § 2923.6(c) and (e) (claims one and
two) are dismissed without leave to amend;

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4.

Plaintiff’s negligence and Cal. Bus. & Prof. Code §§ 17200, et seq. claims (claims

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three and four) are dismissed with leave to amend; and

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5. Plaintiff is granted thirty days from the date of this Order is filed to file an amended

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complaint, as provided in the magistrate judge’s findings and recommendations.

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Dated: March 29, 2018

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Troy L. Nunley
United States District Judge

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