Newson

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT COUNTRYWIDE HOME LOAN, INC.’S MOTION TO DISMISS, TO EXPUNGE LIS PENDENS AND TO STRIKE

Plaintiffs, Dr. Peter Newsom (“Newsom”) and Stephanie Newsom (collectively “Plaintiffs”), allege that they were defrauded by their lender, mortgage broker and others in connection with the refinancing of their home in Woodside, California. The Second Amended Complaint (“SAC”) alleges nine claims for relief against defendants, Countrywide Home Loans, Inc. dba America’s "Wholesale Lender (“Countrywide”), Mortgage Electronic Registrations Systems, Inc. (“MERS”), Bankers Alliance Inc. (“Bankers Alliance”) and Julie White- side (“Whiteside”). Only Countrywide has been served with the SAC.

The parties are presently before the Court on Countrywide’s Motion to Dismiss Plaintiffs’ Second Amended Complaint, Motion to Strike, and Motion to Expunge Lis Pendens. Having read and considered the papers submitted in connection with this matter, and being fully informed, the Court hereby: (1) GRANTS IN PART and DENIES IN PART the motion to dismiss; (2) GRANTS IN PART and DENIES IN PART the motion to strike; and (3) DENIES the motion to expunge lis pendens.…