Grant

Grant v. Aurora Loan Services, Inc.

Good Law
736 F. Supp. 2d 1257·2010 WL 3517399·2010 U.S. Dist. LEXIS 98034
United States District Court, Central District of CaliforniaSeptember 10, 2010Case CV 09-08174 MM(CTx)California9,063 words

Opinion

Opinion

Morrow, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

On October 7, 2009, Darren Grant filed an action against Aurora Loan Services, Inc. in the Los Angeles Superior Court, alleging various claims related to the sale at foreclosure of a residential rental prop erty in San Francisco, California, and a residential property in Woodland Hills, California. Aurora removed the case to federal court on November 6, 2009, invoking the court’s diversity jurisdiction under 28 U.S.C. § 1332 . Thereafter, plaintiff filed a first amended complaint. On May 24, 2010, Aurora filed a motion seeking to dismiss certain claims in the amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, and a motion to strike plaintiffs punitive damages prayer under Rule 12(f). Plaintiff has opposed defendant’s motions.

Defendant’s motion is currently on calendar for hearing on September 13, 2010. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds the matter appropriate for decision without oral argument and vacates the hearing scheduled for September 13, 2010.

I. FACTUAL BACKGROUND

In July 2005, Darren Grant refinanced the mortgage on his primary…

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