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Jensen v. Quality Loan Service Corp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 20, 2010

DAVID E. JENSEN, PLAINTIFF,
v.
QUALITY LOAN SERVICE CORP, WASHINGTON MUTUAL BANK, FA; JP MORGAN CHASE BANK, NA; AND DOES 1 TO 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

DATE: February 22, 2010

DEPT: "3" ACTION

FILED: June 5, 2009

The Court having reviewed the Motion to Dismiss ("Motion") the first amended complaint ("FAC") of plaintiff David Jensen ("Plaintiff) filed by defendant JPMorgan Chase Bank, N.A. ("JPMorgan"), for itself and as an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC acting as receiver, and good cause appearing therefore, hereby orders as follows:

1. As to the declaratory relief claim, the motion to dismiss is granted and this claim is dismissed without leave to amend.

2. As to the fraud claims, the motion to dismiss is granted, and these claims are dismissed with leave to amend.

3. As to the California Civil Code § 1572 claim, the motion to dismiss is granted, and this claim is dismissed without leave to amend.

4. As to the RESPA claim, the motion to dismiss is granted and this claim is dismissed with leave to amend.

5. As to the reformation claim, the motion to dismiss is granted and this claim is dismissed with leave to amend.

6. As to the quiet title claim, the motion to dismiss is granted, and this claim is granted with leave to amend.

7. As to the claim to set aside foreclosure, the motion to dismiss is granted and this claim is dismissed without prejudice.

8. As to the UCL claim, the motion to dismiss is granted and this claim is dismissed with leave to amend.

9. As to the RFDCPA claim, the motion is granted and this claim is dismissed with leave to amend.

10. As to the injunctive relief "claim" the motion to dismiss is granted and this claim is dismissed without leave to amend.

11. In light of the ruling on the motion to dismiss, the motion for a more definite statement is denied as moot.

12. Plaintiff shall file and serve any amended pleading within thirty (30) days of electronic service of the Court's Memorandum Decision. A true and correct of the Court's Memorandum Decision is attached as Exhibit "A."

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20100420

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