Nina Oshana Separate Property Trust v. Bank of America, N.A. et al

Filing 27

ORDER: The motions to dismiss the First Amended Complaint filed by Select Portfolio Servicing, Inc., Bank of America, N.A., and Bayview Loan Servicing, LLC are Denied as Moot.(ECF Nos. 4 , 6 , 9 ). Signed by Judge William Q. Hayes on 07/11/2018. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NINA OSHANA SEPARATE
PROPERTY TRUST, dated
September 16, 2015,

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ORDER
Plaintiff,

v.
BANK OF AMERICA, N.A.;
BAYVIEW LOAN SERVICING,
LLC; SELECT PORTFOLIO
SERVICING, INC.; and DOES 1100, inclusive,
Defendants.

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Case No.: 17cv2408-WQH-RBB

HAYES, Judge:

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On July 3, 2018, the Court granted Plaintiff leave to file a Second Amended

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Complaint in this action. (ECF No. 25). On July 9, 2018, Plaintiff filed the Second

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Amended Complaint. (ECF No. 26). Once filed, an amended complaint supersedes the

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original complaint in its entirety. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002,

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1008 (9th Cir. 2015).

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Complaint (ECF Nos. 4, 6, 9) became moot once the Second Amended Complaint was

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filed.

Defendants’ pending motions to dismiss the First Amended

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17cv2408-WQH-RBB

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IT IS HEREBY ORDERED that the motions to dismiss the First Amended

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Complaint filed by Select Portfolio Servicing, Inc., Bank of America, N.A., and Bayview

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Loan Servicing, LLC are DENIED AS MOOT. (ECF Nos. 4, 6, 9).

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Dated: July 11, 2018

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17cv2408-WQH-RBB