Rodenhurst et al v. Bank of America et al

Filing 38

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT BANK OF AMERICA CORPORATION'S 25 MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT: "On the basis of the foregoing, Defendant BofA's Motion to Dismiss Plaintiff's First Amended Complaint, filed December 13, 2011, is HEREBY GRANTED IN PART AND DENIED IN PART as follows: 1. Because leave to amend would be futile, Counts I, II, and III are DISMISSED WITH PREJUDICE as to DefendantBofA; 2. Counts IV, V, VI, VII, IX and X are DISMISSED WITHOUT PREJUDICE. 3. If Plaintiffs elect to file a Second Amended Complaint, they must plead their causes of action against the proper defendants and corporate entities, and under the proper theories. The Court ORDERS Plaintiffs to file their SecondAmended Complaint by April 20, 2011. The Court CAUTIONS Plaintiffs that, if they do not file a Second Amended Complaint by April 20, 2011, the Court will dismiss Counts IV, V, VI, VII, IX and X against Defendant BofA with prejudi ce.IT IS SO ORDERED." Signed by JUDGE LESLIE E. KOBAYASHI on February 23, 2011. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry