Dorian
Dorian v. Community Loan Servicing, LLC fka Bayview Loan Servicing
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL DORIAN, Case No. 22-cv-04372-DMR
Plaintiff, ORDER ON MOTION TO DISMISS
SECOND AMENDED COMPLAINT
v. AND MOTION TO STRIKE
COMMUNITY LOAN SERVICING, LLC, Re: Dkt. Nos. 29, 30 Defendant.
Defendant Community Loan Servicing, LLC fka Bayview Loan Servicing moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff Paul Dorian’s second amended complaint (“SAC”) and moves pursuant to Rule 12(f) to strike his claim for punitive damages. [Docket Nos. 29, 30.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion to dismiss is granted in part and denied in part. The motion to strike is denied. I. BACKGROUND Dorian makes the following allegations in the SAC, all of which are taken as true for purposes of the motion to dismiss. Dorian is a resident of San Francisco, California and is a “consumer” within the meaning of…