UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION
February 28, 2011
MARGARET IENG, AN INDIVIDUAL, PLAINTIFF,
LONG BEACH MORTGAGE CORP.,
WASHINGTON MUTUAL BANK, EMC MORTGAGE CORP., QUALITY LOAN SERVICE CORP., AND DOES 1 THROUGH 100, INCLUSIVE,, DEFENDANTS.
The opinion of the court was delivered by: Honorable Manuel L. Real
ORDER DISMISSING PLAINTIFF'S COMPLAINT
WHEREAS Defendants JPMorgan Chase Bank, N.A. an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC, acting as receiver and EMC Mortgage Corp., filed a motion to dismiss the complaint, which is noticed for hearing on Monday, February 28, 2011;
WHEREAS Plaintiff Margaret Ieng filed her opposition on Tuesday, February 22, 2011; WHEREAS the parties have agreed to dismissal of this action;
IT IS HEREBY ORDERED that Plaintiff's claim for violation of the Truth in Lending Act (claim 1), her claim for violation of the Real Estate Settlement Procedures Act (claim 2), and her claim to Set Aside Trustee's Sale (claim 4) are dismissed with prejudice. Plaintiff's claim for Fraud (claim 3) is dismissed without prejudice and Plaintiff shall have until March 28, 2011 to refile her claim for Fraud in state court.
Dated: _Feb. 28, 2011_
HON. MANUEL L. REAL UNITED STATES DISTRICT COURT JUDGE
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