Hillery
Consumer Solutions Reo, LLC v. Hillery
Opinion
Opinion
Chen, J.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ COUNTER-COMPLAINT; AND FINDING PLAINTIFFS’ MOTION TO STRIKE MOOT
Docket No.
Plaintiff Consumer Solutions REO, LLC (“Consumer Solutions”) initiated this lawsuit against Defendants Ruthie B. Hillery and the Spielbauer Law Firm, seeking, inter alia, a judicial foreclosure and an equitable lien on certain real property owned by Ms. Hillery. On May 27, 2009, Ms. Hillery filed a counter-complaint against Consumer Solutions, Saxon Mortgage Services, Inc., and Mortgage Electronic Registration Systems, Inc. (“MERS”). Currently pending before the Court is Consumer Solutions’ motion to dismiss all nine claims asserted in the counter-complaint. Consumer Solutions has also moved to strike certain allegations in the counter-complaint pursuant to Federal Rule of Civil Procedure 12(f).
Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part the motion to dismiss. The Court finds the motion to strike moot in view of its conversion to and grant of the motion to dismiss.