Summary
In Morgan v. Aurora Loan Servs., LLC, CV 12-4350-CAS MRWX, 2013 WL 3448552, at *5-6 (C.D. Cal. 2013), the plaintiff brought a claim for intentional misrepresentation on the basis that the defendants represented to her that she would be reviewed for a loan modification but never intended to do so.
Summary of this case from Gabris v. Aurora Loan Services, LLCOpinion
Case No. CV 12-4350-CAS (MRWx)
04-15-2013
CHERIE J. MORGAN v. AURORA LOAN SERVICES, LLC, ET AL.
Attorneys Present for Plaintiffs: Not present Attorneys Present for Defendants Not present
CIVIL MINUTES - GENERAL
Present: The Honorable CHRISTINA A. SNYDER
+--------------------------------------------------+ ¦CATHERINE JEANG¦N/A ¦N/A ¦ +---------------+-------------------------+--------¦ ¦Deputy Clerk ¦Court Reporter / Recorder¦Tape No.¦ +--------------------------------------------------+
Attorneys Present for Plaintiffs:
Not present
Attorneys Present for Defendants
Not present
Proceedings: (In Chambers:) PLAINTIFF'S MOTION FOR RELIEF FROM ORDER OF DISMISSAL WITHOUT PREJUDICE (filed March 11, 2013) [Dkt. No. 18]
Plaintiff filed the instant motion for relief from the Court's February 13, 2013, order dismissing this case without prejudice for failure to prosecute, Dkt. No. 17. Defendants have not filed an opposition.
For the reasons stated in plaintiff's moving papers and for good cause shown, the Court GRANTS plaintiff's motion for relief. In particular, plaintiff filed a proof of service in conjunction with its First Amended Complaint, attesting to the fact that defendants were served with a copy of this filing by fax and U.S. Mail.
Accordingly, the Court hereby ORDERS that the case be reopened and the dismissal without prejudice be set aside. Plaintiff is admonished to request that the Court enter default if defendants fail to file an answer or other responsive pleading forthwith.
IT IS SO ORDERED.
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Initials of Preparer MS