Sanchez v. Central Mortgage Company et al

Filing 34

ORDER RE: MOTION TO DISMISS. Signed by Magistrate Judge Jacqueline Scott Corley on 11/10/2015. (ahm, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GLORIA SANCHEZ,

Case No. 15-cv-03597-JSC

Plaintiff,
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v.

ORDER RE: MOTION TO DISMISS

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CENTRAL MORTGAGE COMPANY,
Defendant.

United States District Court
Northern District of California

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Plaintiff Gloria Sanchez (“Plaintiff”) brings this foreclosure-related action against

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Defendant Central Mortgage Company (“Defendant”) alleging that Defendant engaged in fraud,

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violated the California Homeowners Bill of Rights, and is liable for breach of contract and breach

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of the covenant of good faith and fair dealing in connection with its roles as servicer of Plaintiff’s

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residential mortgage loan. (Dkt. No. 1.) Now pending before the Court is Defendant’s Motion to

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Dismiss, filed on October 8, 2015, in which Defendant seeks to dismiss the complaint in its

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entirety pursuant to Federal Rule of Civil Procedure 12(b) subdivisions (1) and (6). (Dkt. No. 17.)

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When Plaintiff failed to file a timely opposition to the motion to dismiss, the Court issued an order

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directing Plaintiff to show cause why the motion should not be granted and to file an opposition to

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the motion. (Dkt. No. 29.) Plaintiff filed a timely show cause response and, instead of filing an

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opposition, has lodged an amended complaint. (Dkt. No. 31, 32.) Defendant may file a response

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to Plaintiff’s show cause response by November 16, 2015. The hearing on Defendant’s motion to

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dismiss, previously set for November 12, 2015, is RESCHEDULED for November 19, 2015.

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IT IS SO ORDERED.
Dated: November 10, 2015
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge