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Clark v. Countrywide Home Loans, Inc.

United States District Court, E.D. California
Dec 23, 2010
Case No.: 1:09-CV-01998-OWW-JLT (E.D. Cal. Dec. 23, 2010)

Opinion

Case No.: 1:09-CV-01998-OWW-JLT.

December 23, 2010

MARK J. KENNEY (State Bar No. 87345), PHILIP BARILOVITS (State Bar No. 199944), SEVERSON WERSON, A Professional Corporation, San Francisco, CA, Attorneys for Defendants, COUNTRYWIDE HOME LOANS, INC., RECONTRUST COMPANY, N.A. BANK OF AMERICA, N.A., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, sued erroneously as MERS, INC.


ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION TO EXPUNGE LIS PENDENS


On December 2, 2010, this Court issued a memorandum dismissing Plaintiff's Second Amended Complaint with leave to amend and granting Defendants' motion to expunge the lis pendens recorded by Plaintiff for the property located at 12689 Mt. Jefferson Street, Groveland, California. (See Docket Index No. 61).

It is hereby ordered that Plaintiff's Second Amended Complaint is dismissed in its entirety. Plaintiff shall have until January 2, 2011 (30 days from the entry of the memorandum) to file an amended complaint. Plaintiff has leave to file a complaint stating only a fraud claim. Plaintiff is reminded to review the memorandum at Docket Index No. 61 in attempting to state such a claim. Defendants shall have the right to move to dismiss Plaintiff's amended complaint, if they so choose. If Plaintiff does not amend his complaint by January 2, 2011, Plaintiff's complaint shall be dismissed with prejudice and without leave to amend as to all named defendants.

It is also hereby ordered that Defendants' motion to expunge the lis pendens is hereby granted.

IT IS SO ORDERED.

Date: 12/23/2010


Summaries of

Clark v. Countrywide Home Loans, Inc.

United States District Court, E.D. California
Dec 23, 2010
Case No.: 1:09-CV-01998-OWW-JLT (E.D. Cal. Dec. 23, 2010)
Case details for

Clark v. Countrywide Home Loans, Inc.

Case Details

Full title:BERNARD F. CLARK, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., et al.…

Court:United States District Court, E.D. California

Date published: Dec 23, 2010

Citations

Case No.: 1:09-CV-01998-OWW-JLT (E.D. Cal. Dec. 23, 2010)