Gardner
Gardner v. American Home Mortgage Servicing, Inc.
Opinion
Opinion
Burrell, J.
ORDER GRANTING AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
On October 2, 2009, Defendants American Home Mortgage Servicing, Inc. (“AHMSI”) and AHMSI Default Services, Inc. (“AHMSI Default”) (collectively, “Defendants”) filed a motion under Federal Rule of Civil Procedure 12(b)(6) in which they seek an order dismissing the seven claims alleged against them in Plaintiffs first amended complaint. (Docket No. 42.) For the reasons stated below, Defendants’ motion to dismiss is GRANTED and DENIED IN PART.
I. LEGAL STANDARD
A Rule 12(b)(6) motion “challenges a complaint’s compliance with ... pleading requirements.” Champlaie v. BAC Home Loans Servicing, LP, No. S- 09-1316 LKK/DAD, 2009 WL 3429622, at *1 (E.D.Cal. Oct. 22, 2009). A pleading must contain “a short and plain statement of the claim showing that the pleader is entitled to relief....” Fed.R.Civ.P. 8(a)(2). The complaint must “give the defendant fair notice of what the [plaintiffs] claim is and the grounds upon which relief rests .... ” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). Further, “[a] pleading that offers labels and conclusions or a formulaic recitation of the…