Dickens
Dickens v. Franklin Credit Management Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 7 LAWRENCE E. DICKENS, Case No.: 24-cv-01379-CAB-KSC
Plaintiff, Order Granting Summary Judgment v. [Doc. No. 19] FRANKLIN CREDIT MGMT CORP., et
al., 12 Defendants.
14 On March 3, 2025, the Court ordered Plaintiff to file a brief showing why this case must not be dismissed in light of Plaintiff’s modification of the lien in dispute. That brief was due on May 18, 2025. Plaintiff never filed a response to the Court’s order. The Court converts Defendants’ motion to dismiss, [Doc. No. 19], to a summary judgment motion pursuant to Fed. R. Civ. P. 56. See United States v. Ritchie, 342 F.3d 903, 907 (9th Cir. 2003). Defendants have supplied convincing summary judgment evidence, supported by affidavit, that the Plaintiff has ratified the validity of the disputed lien with a modification executed on January 2, 2025. [Doc. No. 22-1 at 3.] Moreover, Plaintiff has already made a payment pursuant to that modification. [Doc. No. 22-2 at 4.] Plaintiff has…