Brown et al v. Vericrest Financial, Inc, et al

Filing 46

ORDER by Judge Whyte granting 25 Motion to Dismiss with leave to amend. (rmwlc2, COURT STAFF) (Filed on 11/30/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 SHARON R. BROWN, CASE NO. 5:12-cv-01152 RMW 12 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND 13 v. 14 VERICREST FINANCIAL, INC., a 15 Delaware Corporation, successor in interest to CITIMORTGAGE, INC., a New York 16 Corporation, successor in interest to PREFERRED FINANCIAL GROUP, INC., 17 formerly a California Corporation, doing business as 18 WWW.WHOLESALENDINGON LINE.COM; QUALITY LOAN SERVICE 19 CORPORATION, a California Corporation; and all persons or entities unknown claiming 20 any legal or equitable right, title, estate, lien or interest in the property described in this 21 complaint adverse to Plaintiff’s title thereto, and DOES 1 through 25, inclusive, 22 Defendants. 23 24 25 26 Based upon the reasons set forth in defendants' motion as well as the discussion at the 27 hearing, defendants' motion to dismiss is granted. Plaintiff's amended complaint is by January 4, 28 1 1 2013. Plaintiff's failure to timely file an amended complaint will result in a dismissal of his case 2 with prejudice. 3 4 The court resets the case management conference to February 8, 2013. It is so ordered. 5 6 DATED: November 30, 2012 7 8 9 Ronald M. Whyte United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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