Opinion
07-CV-02332-LEW-KJM.
February 13, 2008
ORDER
Currently before the Court is Deutsche Bank National Trust Company's Motion to Dismiss. Having considered all papers and arguments, THE COURT NOW FINDS AND RULES AS FOLLOWS:
The Court:
• GRANTS, with 20 days leave to amend, the Motion to Dismiss the First Claim for Relief (Violation of the Truth In Lending Act) as to the damages claim under 15 U.S.C. § 1640, including actual damages, twice the finance charge, attorney fees, and costs because the statute of limitations has run;
• GRANTS with prejudice the Motion to Dismiss as to the Third Claim for Relief (Breach of the Implied Covenant of Good Faith and Fair Dealing) because, as Defendant and Plaintiff agree, California law disfavors such a cause of action in this case;
• GRANTS, with 20 days leave to amend, the Motion to Dismiss as to the Fourth Claim for Relief (Unjust Enrichment) because Plaintiff does not allege how Defendant Deutsch Bank received benefit and unjust retention of the benefit when the Note was inaccurately dated;
• GRANTS with prejudice the Motion to Dismiss as to the Fifth Claim for Relief (Injunctive Relief) because injunctive relief is a remedy, not a cause of action; and
• DENIES the Motion to Dismiss as to the Sixth Claim for Relief (Violation of Business and Professions Code Sections 17200 et seq.) because the allegations are sufficient.