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Simbulan v. First Horizon Home Loan Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Sep 18, 2012
CASE NO. 12-cv-693-MMA (BGS) (S.D. Cal. Sep. 18, 2012)

Opinion

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

09-18-2012

FERDINAND SIMBULAN, an individual, Plaintiff, v. 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, Defendants.


ORDER AFFIRMING THE

COURT'S TENTATIVE RULING;

AND


GRANTING DEFENDANTS FIRST

TENNESSEE AND GREEN

TREE'S MOTIONS TO DISMISS

WITH PREJUDICE; AND


[Doc. Nos. 23, 27]


DENYING DEFENDANT GREEN

TREE'S RENEWED MOTION TO

EXPUNGE LIS PENDENS AS

MOOT


[Doc. No. 28]

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

Having considered the submissions of the parties and considered the arguments of counsel, the Court AFFIRMS its tentative ruling for the reasons stated on the record during the hearing, and in accordance therewith:

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

(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.

______________

Hon. Michael M. Anello

United States District Judge


Summaries of

Simbulan v. First Horizon Home Loan Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Sep 18, 2012
CASE NO. 12-cv-693-MMA (BGS) (S.D. Cal. Sep. 18, 2012)
Case details for

Simbulan v. First Horizon Home Loan Corp.

Case Details

Full title:FERDINAND SIMBULAN, an individual, Plaintiff, v. FIRST HORIZON HOME LOAN…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Sep 18, 2012

Citations

CASE NO. 12-cv-693-MMA (BGS) (S.D. Cal. Sep. 18, 2012)