Gamble et al v. GMAC Mortgage Corporation et al

Filing 35

ORDER by Judge Whyte granting 19 Motion to Dismiss; granting 23 Motion to Dismiss. (rmwlc2, COURT STAFF) (Filed on 5/10/2009).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALLEN GAMBLE and VERONICA GAMBLE Plaintiffs, v. GMAC MORTGAGE CORPORATION and OCWEN LOAN SERVICING, LLC, And All Persons Unknown Claiming Any Legal Or Equitable Right, Title, Estate, Lien Or Interest In The Property Described In The Complaint Adverse To Plaintiff's Title, Or Any Cloud Upon Plaintiff's Title Thereto, Does 1-100, Defendants. Defendants GMAC Mortgage Corporation and Ocwen Loan Servicing, LLC's motions to dismiss are granted. Plaintiffs shall have 30 days leave to amend. It appears that plaintiffs are alleging breach of a first or second forbearance agreement. However, the pleading as it now stands is insufficient to set forth the basis of plaintiffs' claims. Plaintiffs must allege the terms of the forbearance agreement, plaintiffs' compliance with those terms, and defendants' breach of some term of the forbearance agreement. The court recognizes that plaintiffs apparently have alternative theories under which they seek recovery. However, plaintiffs must plead facts demonstrating how defendants are liable under the alternative theories. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS No. C-08-05532 RMW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 05/10/2009

Re Docket Nos. 19, 21, 23

DATED:

05/10/2009

RONALD M. WHYTE United States District Judge

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: William B. Look Counsel for Defendants: Alice Marie Dostalova Eric D. Houser [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

05/10/2009

JAS Chambers of Judge Whyte

2