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Munos v. Express Funding & Realty

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 23, 2009

ALICIA OLALDE MUNOS, AN INDIVIDUAL, PLAINTIFF,
v.
EXPRESS FUNDING & REALTY, INC., SIERRA PACIFIC MORTGAGE COMPANY, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CAL-WESTERN RECONVEYANCE CORPORATION AND DOES 1 THROUGH 20, DEFENDANTS.

The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

ORDER DENYING AS MOOT SIERRA PACIFIC AND MERS' MOTIONS TO DISMISS

On September 25, 2009, Plaintiff Alicia Olalde Munos filed a complaint against Express Funding & Realty, Inc., Sierra Pacific Mortgage Company, Inc. ("Sierra Pacific"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and Cal-Western Reconveyance Corporation. (Doc. No. 1.) On November 30, 2009, Sierra Pacific and MERS filed motions to dismiss Plaintiff's complaint. (Doc. Nos. 8 & 9.) MERS also filed a motion to expunge lis pendens on November 30, 2009. (Doc. No. 10.) On December 22, 2009, Plaintiff filed an amended complaint. (Doc. No. 12.)

Accordingly, the Court denies as moot Sierra Pacific and MERS' motions to dismiss Plaintiff's complaint. The hearing on MERS' motion to expunge lis pendens shall remain set for January 4, 2010 at 10:30 a.m. in courtroom 13. The Court reserves the right to submit the motion on the papers pursuant to Local Rule 7.1(d)(1) if appropriate.

IT IS SO ORDERED.

20091223

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