Longest
Longest v. Green Tree Servicing LLC
Opinion
Lead Opinion
Snyder, J.
DEFENDANTS’ MOTION TO DISMISS AMENDED COMPLAINT (Dkt. 14, filed Dec. 17, 2014)
Catherine Jeang, Deputy Clerk.
Laura Elias, Court Reporter / Recorder.
I. INTRODUCTION
On October 21, 2014, plaintiff Carlene Longest filed a class action complaint against defendants Green Tree Servicing, LLC (“GT Servicing”), and Green Tree Insurance Agency, Inc. (“GT Insurance”). Dkt. 1. On November 6, 2014, plaintiff filed the operative first amended complaint (“FAC”), adding Jumdu “Alex” Cai and Lifen “Regina” Cai as named plaintiffs and asserting claim on behalf of a proposed Florida class and a proposed California class. Dkt. 9. The FAC asserts the following claims: (1) breach of contract, in violation of California law; (2) breach of the implied covenant of good faith and fair dealing, in violation of California law; (3) violation of the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200 et seq.; (4) money had and received (restitution), under California law; (5) breach of contract, in violation of Florida law; (6) breach of the implied covenant of good faith and fair dealing, in violation of Florida law; and (7) unjust enrichment, under Florida law. Id. As to the…