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NOT FOR CITATION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