Green

Green v. Central Mortgage Co.

Good Law
148 F. Supp. 3d 852·2015 WL 7734213·2015 U.S. Dist. LEXIS 161847
United States District Court, Northern District of CaliforniaDecember 1, 2015Case No. 3:14-cv-04281-LBCalifornia12,887 words

Opinion

Lead Opinion

Beeler, J.

ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANTS’ MOTION TO DISMISS THE SECOND AMENDED COMPLAINT

[Re: ECF No. 55]

INTRODUCTION

The three plaintiffs — Angelia Green in both her individual capacity and her capacity as trustee of-the Robert J. Tregre Jr. & Rosia L. Tregre Family Revocable Living Trust (“the Trust”), and the Trust itself — sued three defendants — Central Mortgage Company (“CMC”), PLM Loan Management Services, Inc. (“PLM”), and Deutsche Bank National Trust Company as Trustee for Harborview Mortgage Loan Trust 2007-2 (“Deutsche Bank”) — for violating federal and California law in relation to the denial of her loan modification applications and the foreclosure on her home. (Second Amended Complaint (“SAC”), ECF No. 54. 1 ) The court approved the *859 parties’ stipulation that PLM has non-monetary status pursuant to California Civil Code § 29241 and does not have to participate as a party to this action at this time. (Stipulation and Order, ECF No. 45.) CMC and Deutsche Bank now have moved to dismiss Ms. Green’s Second Amended Complaint (Motion, ECF No. 55.) Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-l(b), the court finds this…

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