Elbert

Elbert v. Roundpoint Mortgage Servicing Corporation

Good Law
United States District Court, Northern District of CaliforniaNovember 25, 20203:20-cv-00250California3,860 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 AMYE ELBERT, Case No. 20-cv-00250-MMC

Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S v. MOTION TO DISMISS COUNTS II AND

III AND STRIKE CLASS

ROUNDPOINT MORTGAGE ALLEGATIONS

SERVICING CORPORATION,

Re: Doc. No. 45 Defendant.

12 Before the Court is defendant RoundPoint Mortgage Servicing Corporation's ("RoundPoint") "Motion to Dismiss Counts II and III of Plaintiff's First Amended Complaint and Motion to Strike Class Allegations," filed September 24, 2020. Plaintiff Amye Elbert ("Elbert") has filed opposition, to which RoundPoint has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND Elbert alleges that, in 2015, she purchased a home in Antioch, California, "through a loan" (hereinafter, "Note") "secured by a…

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