Cotter
Cotter v. Movement Mortgage, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 COLLEEN K. COTTER, Case No.: 3:23-cv-01003 W (BLM)
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS WITH
LEAVE TO AMEND [DOC. 14]
MOVEMENT MORTGAGE, LLC, Defendant. 18 Pending before the Court is Defendant Movement Mortgage, LLC’s motion to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6). Plaintiff Colleen K. Cotter opposes the motion. The Court decides the matter on the papers submitted and without oral argument. See Civ. R. 7.1(d)(1). For reasons discussed below, the Court GRANTS the motion [Doc. 14] WITH LEAVE TO AMEND. 25 I. FACTUAL BACKGROUND In 2015, Plaintiff Colleen K. Cotter and her then husband David Diaz Andaleon purchased property at 4052 Tennyson St., subject to the terms of a mortgage held by Summit Funding, Inc. (FAC [Doc. 13] ¶ 9.) In 2020, Andaleon transferred the property to Cotter to be held as her…