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Quiroz v. Bank of America Corp.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
No. C11-05031 HRL (N.D. Cal. Nov. 29, 2011)

Opinion

No. C11-05031 HRL

11-29-2011

SALVADOR QUIROZ, Plaintiff, v. BANK OF AMERICA CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and DOES 1-50, inclusive, Defendants.


NOT FOR CITATION


ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS


[Re: Docket No. 10]

Plaintiff Salvador Quiroz brought suit against Bank of America Corp. and Mortgage Electronic Registration Systems, Inc. ("Defendants") in Monterey County Superior Court, alleging violations of the federal Truth in Lending and Real Estate Settlement Procedures Acts, as well as various state and common law claims for fraud, unfair competition, and unfair business practices. Dkt. No. 1; exh. A. Defendants timely removed the action to this court. Id.

Defendants filed a Motion to Dismiss plaintiff's complaint pursuant to Fed. R. Civ. P. 12(b)(6) on October 20, 2011, setting a hearing for December 6, 2011. Dkt. No. 10. Quiroz filed a First Amended Complaint on November 3. Dkt No. 13. A party may amend its pleading once as a matter of course within 21 days after service of a motion under Fed. R. Civ. P. 12(b). Fed. R. Civ. P. 15(a)(1)(B). Defendants then filed a Motion to Dismiss the First Amended Complaint. Dkt. No. 17. The First Amended Complaint being now the operative pleading, defendants' Motion to Dismiss the original complaint is hereby DENIED as MOOT.

IT IS SO ORDERED.

HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

C11-05031 HRL Notice will be electronically mailed to:

Wendell Jamon Jones wendell@wendelljoneslaw.com

Arti L. Bhimani Abhimani@blankrome.com

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.


Summaries of

Quiroz v. Bank of America Corp.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
No. C11-05031 HRL (N.D. Cal. Nov. 29, 2011)
Case details for

Quiroz v. Bank of America Corp.

Case Details

Full title:SALVADOR QUIROZ, Plaintiff, v. BANK OF AMERICA CORPORATION; MORTGAGE…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 29, 2011

Citations

No. C11-05031 HRL (N.D. Cal. Nov. 29, 2011)