Falcocchia

Falcocchia v. Saxon Mortgage, Inc.

Good Law
709 F. Supp. 2d 873·2010 WL 2179957·2010 U.S. Dist. LEXIS 52274
United States District Court, Eastern District of CaliforniaMay 27, 2010Civ. S-09-2700 LKK/GGHCalifornia6,684 words

Opinion

Opinion

Karlton, J.

ORDER

This case involves plaintiffs’ mortgage. In a prior order, the court largely granted a motion to dismiss brought by defendants Saxon Mortgage, Inc., Saxon Mortgage Services, Inc., and Deutsche Bank Trust Company Americas. Plaintiffs were granted leave to amend and filed an amended complaint. Defendants have filed a renewed motion to dismiss, primarily arguing that plaintiffs have failed to cure the previously identified deficiencies. As explained below, the court largely agrees, though on more than one occasion, defendant failed to raise the court’s previous determination.

I. Standard for a Motion to Dismiss

A Fed.R.Civ.P. 12(b)(6) motion challenges a complaint’s compliance with the pleading requirements provided by the Federal Rules. Under Fed.R.Civ.P. 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” The complaint must give defendant “fair notice of what the claim is and the grounds upon which it rests.” Bell Atlantic v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007) (internal quotation and modification omitted). To meet this requirement, the complaint must be supported by…

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