Lopez v. Long Beach Mortgage Company et al

Filing 20

Order by Hon. Ronald M. Whyte granting 16 Motion to Dismiss (rmwlc1, COURT STAFF) (Filed on 11/30/2012)

1
2
3
4

E-FILED on

11/30/12

5
6
7
IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12

EUGENE LOPEZ, individuals, on behalf of
themselves and all others similarly situated,

No. 12-02117 RMW

13
Plaintiff,
14
v.
15
16
17
18
19
20
21
22
23
24
25
26
27
28

LONG BEACH MORTGAGE COMPANY, as
the Original Lender; LONG BEACH
MORTGAGE COMPANY, as the Original
Trustee; Alliance Title Company Title
Company; LONG BEACH MORTGAGE
COMPANY, as the PSA Master Servicer;
LONG BEACH MORTGAGE COMPANY
PSA Sponsor and Seller; LONG BEACH
SECURITIES CORP., as PSA Depositor;
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as PSA Trustee; DEUTSCHE
BANK NATIONAL TRUST COMPANY PSA
Custodian; LONG BEACH MORTGAGE
LOAN TRUST 2002-5, as the PSA Trust
Issuing Entity; CALIFORNIA
RECONVEYANCE COMPANY, as the
Foreclosing Trustee; WANDA CHAPMAN, as
Vice President of JP MORGAN CHASE.;
DEBRA BROWN the Notary of the
Assignment of Deed of Trust; DEBORAH
BRIGNAC, as Vice President of JP
MORGAN.; LOREN LOPEZ the Notary of the
Assignment of Deed of Trust; - and DOES 1
THROUGH 100, INCLUSIVE
Defendants.

ORDER - No. 12-0991 RMW

ORDER GRANTING DEFENDANT
DEUTSCHE BANK NATIONAL TRUST
COMPANY'S MOTION TO DISMISS
PLAINTIFF'S COMPLAINT

[Re: Docket No. 16]

1
2
Based upon the reasons set forth in defendant Deutsche Bank National Trust Company's
3
motion, as well as the discussion at the hearing, defendant's motion to dismiss is GRANTED. The
4
court grants plaintiff leave to amend the complaint. Plaintiff's amended complaint is due January 4,
5
2013. Plaintiff's failure to timely file an amended complaint will result in a dismissal of the case
6
with prejudice.
7
8

The court resets the case management conference to February 8, 2013.

9
United States District Court
For the Northern District of California

10

It is so ordered.

11
12

DATED: November 30, 2012

13

RONALD M. WHYTE

14

United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER - No. 12-0991 RMW

2