Simbulan v. First Horizon Home Loan Corporation et al

Filing 36

ORDER Affirming the Court's Tentative Ruling; and Granting 27 Motion to Dismiss; Granting 23 Motion to Dismiss; and Denying as Moot 28 Renewed Motion to Expunge Lis Pendens. The Court Affirms its tentative ruling for the reasons stated on the record during the hearing. Accordingly, the Clerk of Court is instructed to enter judgment in favor of Defendants and terminate this action. Signed by Judge Michael M. Anello on 9/18/2012. (leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FERDINAND SIMBULAN, an individual,

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CASE NO. 12-cv-693-MMA (BGS)

Plaintiff,

ORDER AFFIRMING THE
COURT’S TENTATIVE RULING;
AND

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GRANTING DEFENDANTS FIRST
TENNESSEE AND GREEN
TREE’S MOTIONS TO DISMISS
WITH PREJUDICE; AND

vs.

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[Doc. Nos. 23, 27]
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FIRST HORIZON HOME LOAN
CORPORATION, a division of FIRST
HORIZON NATIONAL CORPORATION, a
Tennessee corporation, GREEN TREE
SERVICING LLC, and DOES 1 through 40
inclusive,

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Defendants.

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DENYING DEFENDANT GREEN
TREE’S RENEWED MOTION TO
EXPUNGE LIS PENDENS AS
MOOT
[Doc. No. 28]

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This foreclosure-related action is before the Court on Defendants First Tennessee and
Green Tree’s (“Defendants”) Motions to Dismiss Plaintiff’s First Amended Complaint, pursuant to
Federal Rule of Civil Procedure 12(b)(6). [Doc. Nos. 23, 27.] Also before the Court is Defendant
Green Tree’s Renewed Motion to Expunge Lis Pendens. [Doc. No. 28.] On September 14, 2012,
the Court issued a tentative ruling granting Defendants’ motions to dismiss, dismissing Plaintiff’s
claims with prejudice, and denying Defendant Green Tree’s motion to expunge lis pendens as

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12-cv-693

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moot. [Doc. No. 34.] On September 17, 2012, the Court held a hearing on the motions.

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Having considered the submissions of the parties and considered the arguments of counsel,

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the Court AFFIRMS its tentative ruling for the reasons stated on the record during the hearing,

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and in accordance therewith:

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(1) The Court GRANTS Defendants’ motions to dismiss, and dismisses all of Plaintiff’s
claims with prejudice;

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(2) The Court DENIES Defendant Green Tree’s renewed motion to expunge lis pendens as
moot.
Accordingly, the Clerk of Court is instructed to enter judgment in favor of Defendants and
terminate this case.
IT IS SO ORDERED.

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DATED: September 18, 2012
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Hon. Michael M. Anello
United States District Judge

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12-cv-693