Opinion
Case No.: 2:10-cv-01114 JAM KJM.
November 9, 2010
Stuart B. Wolfe (SBN 156471), Feather D. Baron (SBN 252489), WOLFE WYMAN LLP, Walnut Creek, California, Attorneys for Defendant, CARRINGTON MORTGAGE SERVICES, LLC.
Pier P. Caputo, Attorneys for Plaintiffs, NATHAN BROWN AND SHANDRETTE BROWN.
ORDER GRANTING CARRINGTON MORTGAGE SERVICES, LLC'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT, WITH PREJUDICE
Defendant CARRINGTON MORTGAGE SERVICES, LLC's (hereinafter, "Carrington") Motion to Dismiss and Motion to Strike portions of the First Amended Complaint filed by Plaintiffs NATHAN BROWN AND SHANDRETTE BROWN ("Plaintiffs") came on regularly for hearing on November 3, 2010, at 9:30 a.m., in Courtroom 6 of the above-entitled Court. Pier P. Caputo appeared via telephone on behalf of Plaintiffs. Feather D. Baron appeared on behalf of Carrington.
The Court, having read and considered the moving and opposing papers, as well as all judicially noticeable facts and the oral argument of counsel, being fully advised, and good cause appearing, ORDERS as follows:
Carrington's Motion to Dismiss is GRANTED. Plaintiffs' First Amended Complaint fails to state any claim upon which relief can be granted as to Carrington. Any attempt by Plaintiffs to amend the First Amended Complaint would be futile. As such, Plaintiffs' First Amended Complaint as against Carrington is hereby dismissed in its entirety, with prejudice and without leave to amend.
IT IS SO ORDERED.
DATED: November 8, 2010