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SIAS v. SAXON MORTGAGE, INC.

United States District Court, E.D. California
Feb 3, 2010
Case No.: 2:09-CV-01402-JAM-GGH (E.D. Cal. Feb. 3, 2010)

Opinion

Case No.: 2:09-CV-01402-JAM-GGH.

February 3, 2010

WRIGHT, FINLAY ZAK, LLP, T. Robert Finlay, Esq., SBN 167280, Robert B. Norum, Esq., SBN 240301, Newport Beach, CA, Attorneys for Defendants, SAXON MORTGAGE, INC. and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SAXON ASSET SECURITIES TRUST 2007-2, erroneously sued as DEUTSCHE BANK NATIONAL TRUST COMPANY.


Complaint filed: May 20, 2009


ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT


On February 3, 2009 at 9:00 a.m. or shortly thereafter, in Courtroom 6 of the above-entitled Court, came before the Court the regularly scheduled hearing on Defendants SAXON MORTGAGE, INC.'s and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SAXON ASSET SECURITIES TRUST 2007-2, erroneously sued as DEUTSCHE BANK NATIONAL TRUST COMPANY's (collectively "Defendants") Motion to Dismiss Plaintiff's First Amended Complaint ("FAC").

Upon consideration of all the written submissions and any oral arguments regarding the aforementioned Motion, THE COURT ORDERS AS FOLLOWS:

1. Defendants' Motion to Dismiss the First Claim (Violation of the Truth in Lending Act) to the FAC of Plaintiff RUTH SIAS ("Plaintiff"), pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

2. Defendants' Motion to Dismiss the Second Claim (Violation of California Rosenthal Act) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

3. Defendants' Motion to Dismiss the Third Claim (Negligence) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

4. Defendants' Motion to Dismiss the Fourth Claim (Violation of the Real Estate Settlement Procedures Act) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

5. Defendants' Motion to Dismiss the Fifth Claim (Breach of Fiduciary Duty) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

6. Defendants' Motion to Dismiss the Sixth Claim (Fraud) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

7. Defendants' Motion to Dismiss the Seventh Claim (California Business Professions Code § 17200) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

8. Defendants' Motion to Dismiss the Eighth Claim (Breach of Contract) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

9. Defendants' Motion to Dismiss the Ninth Claim (Breach of Covenant of Good Faith and Fair Dealing) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

10. Defendants' Motion to Dismiss the Tenth Claim (Wrongful Foreclosure) to Plaintiff's FAC, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), is GRANTED WITHOUT LEAVE TO AMEND since that claim fails to state a claim upon which relief can be granted.

IT IS SO ORDERED.


Summaries of

SIAS v. SAXON MORTGAGE, INC.

United States District Court, E.D. California
Feb 3, 2010
Case No.: 2:09-CV-01402-JAM-GGH (E.D. Cal. Feb. 3, 2010)
Case details for

SIAS v. SAXON MORTGAGE, INC.

Case Details

Full title:RUTH SIAS, Plaintiff, v. SAXON MORTGAGE, INC.; DEUTSCHE BANK NATIONAL…

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

Date published: Feb 3, 2010

Citations

Case No.: 2:09-CV-01402-JAM-GGH (E.D. Cal. Feb. 3, 2010)