Opinion
Case No. CV11-02507-AHM (RZx)
09-12-2011
FELICE CRESCENZO v. WELLS FARGO BANK NA, et al.
CIVIL MINUTES - GENERAL
Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE
Stephen Montes
Deputy Clerk
Cindy Nirenberg
Court Reporter / Recorder
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Attorneys Present for Plaintiffs:
Attorneys Present for Defendants: Proceedings: AMENDED MOTION TO DISMISS [27] (non-evidentiary)
Court hears oral argument. For reasons and findings stated on the record, the Court grants in part and denies in part the amended motion to dismiss.
The following causes of action are dismissed with leave to amend: (1) breach of contract; (2) wrongful foreclosure under Cal. Civil Code § 2932.5; (3) wrongful foreclosure under Cal. Civil Code § 2924g; (4) quiet title; (5) cancellation of trustee's deed; and (6) slander of title.
Plaintiff's claims under TILA for damages are hereby dismissed with prejudice.
The Court denies the motion to dismiss as to the following causes of action: (1) claims for rescission under TILA; (2) declaratory relief; (3) Plaintiff's ninth and tenth causes of action for violation of California's Unfair Competition Law (unlawful and unfair prongs).
Plaintiff, on his volition, orally agreed to dismiss his tenth cause of action as it relates to violation of the fraud prong of California's Unfair Competition Law.
Any second amended complaint must be filed by not later than October 3, 2011.
Amended complaints must be manually filed at the Civil Intake window, located at the United States District Court, 312 N. Spring Street, Los Angeles, California 90012.
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Initials of Preparer SMO