Mangindin

Mangindin v. Washington Mutual Bank

Good Law
637 F. Supp. 2d 700·2009 WL 1766601·2009 U.S. Dist. LEXIS 51231
United States District Court, Northern District of CaliforniaJune 18, 2009C 09-01268 JWCalifornia4,224 words

Opinion

Opinion

Ware, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS; DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

Angelita Mangindin, Bernadette Pantaleon and Theodore Pantaleon (“Plaintiffs”) bring this action against Washington Mutual Bank (“Washington Mutual”), California Reconveyance Company (“Reconveyance”), JP Morgan Chase Bank (“JP Morgan”), and Quality Loan Service (“Quality”), alleging, inter alia, violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 , et seq., fraud and unjust enrichment. Plaintiffs allege that Defendants engaged in predatory lending and have attempted to foreclose on Plaintiffs’ home without following California law.

Presently before the Court are Plaintiffs’ Motion for a Preliminary Injunction and Defendants’ Motion to Dismiss. The Court finds it appropriate to take the matter under submission without oral argument. See Civ. L.R. 7 — 1(b). Based on the papers submitted to date, the Court GRANTS Defendants’ Motion to Dismiss and DENIES Plaintiffs’ Motion for Preliminary Injunction.

II. BACKGROUND

In a Complaint filed on March 10, 2009, Plaintiffs allege as follows:

On July 31, 2008, Defendant Washington Mutual filed a Notice of…

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