Kastan v. Countrywide Home Loans Inc.

Filing 7

ORDER by Judge Jeremy Fogel denying 4 Motion to Dismiss as Moot (jflc1, COURT STAFF) (Filed on 1/8/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RHONDA KASTAN, Plaintiff, v.

Case Number C 08-5104 JF (HRL) ORDER1 DENYING MOTION TO DISMISS AS MOOT [re: doc. no. 4]

COUNTRYWIDE HOME LOANS, INC., and DOES 1-50, inclusive, Defendants.

Pursuant to Fed. R. Civ. P. 12(b)(6), Defendant Countrywide Home Loans, Inc. ("Countrywide") has moved to dismiss the complaint filed by Plaintiff Rhonda Kastan.2 Plaintiff alleges multiple federal and state claims for relief in connection with her purchase and refinance of a residential property. Plaintiff did not file opposition to Countrywide's motion to dismiss. On January 6, 2009, three days before the scheduled hearing date, Plaintiff filed a first amended complaint ("FAC"). The Ninth Circuit has prescribed a liberal standard favoring leave to amend

This disposition is not designated for publication in the official reports.

The Court has determined that the motion is appropriate for disposition without oral argument pursuant to Civil Local Rule 7-1(b).
Case No. C 08-5104 JF (HRL) O R D E R DENYING MOTION TO DISMISS AS MOOT ( JF L C 1 )

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at least once. See Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051-52 (9th Cir. 2003). See also Fed. R. Civ. P. 15(a). Accordingly, the Court DENIES the motion to dismiss as moot, and Countrywide may file a subsequent motion to dismiss or other pleading in response to the operative FAC.

IT IS SO ORDERED.

DATED: January 8, 2009 JEREMY FOGEL United States District Judge

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C a s e No. C 08-5104 JF (HRL) O R D E R DENYING MOTION TO DISMISS AS MOOT ( JF L C 1 )

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This Order has been served upon the following persons: Deborah Anne Goldfarb Jennifer Raphael Komsky Stacey L. Herter [e-mail] [e-mail]

[e-mail], [e-mail]

Homan Mobasser M.W. Roth, PLC 13245 Riverside Drive Suite 320 Sherman Oaks, CA 91423 Mitchell W. Roth M.W. Roth, P.L.C. 13245 Riverside Drive Suite 510 Sherman Oaks, CA 9142

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C a s e No. C 08-5104 JF (HRL) O R D E R DENYING MOTION TO DISMISS AS MOOT ( JF L C 1 )