Choudhuri

Choudhuri v. Specialised Loan Servicing

Good Law
United States District Court, Northern District of CaliforniaJune 18, 20213:19-cv-04198California531 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KABITA CHOUDHURI, Case No. 3:19-cv-04198-JD

Plaintiff,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 47, 53 SPECIALISED LOAN SERVICING, et al., Defendants.

12 This order resolves defendants’ motions to dismiss, Dkt. Nos. 47 (Bosco Credit motion), 53 (Specialised Loan Servicing motion), pro se plaintiff Choudhuri’s third amended complaint (TAC), Dkt. No. 42. The parties’ familiarity with the record is assumed. All of the claims in the TAC are dismissed except for the RESPA claim against both defendants in the “promissory estoppel” count. The requests for judicial notice are denied as moot. Dkt. Nos. 48, 55. Fraud (Count 3): In the order dismissing the second amended complaint, the Court advised Choudhuri that she had not provided enough facts to plausibly allege that Bosco had fraudulently failed to apply prior payments to her debt. Dkt. No. 33 at 1-2. The TAC did not remedy this shortfall, and certainly not with the specificity required by Federal Rule of…

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