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Sergey Yanovskiy v. Countrywide Home Loans

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 13, 2011

SERGEY YANOVSKIY
PLAINTIFF,
v.
COUNTRYWIDE HOME LOANS, INC. DBA AMERICA'S WHOLESALE LENDER, INC.; CTC REAL ESTATE SERVICES, INC.;
RECONTRUST COMPANY, N.A.;
KEVIN RUDOLPH, AN INDIVIDUAL;
JOCELYN CASILLAS, AN INDIVIDUAL;
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF THE HARBOR VIEW 2004- 8 TRUST FUND;
MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC.; AND
DOES 1THROUGH 250 INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter is before the Court on Defendants' Countrywide Home Loans, Inc., CTC Real Estate Services, Inc., Recontrust Company, N.A., Kevin Rudolph, Jocelyn Casillas, Mortgage Electronic Registration Systems, Inc., and Deutsche Bank National Trust Company as Trustee for the benefit of the Harbor View 2004-8 Trust Fund (collectively "Defendants") Motion to Dismiss (Doc. #7) Plaintiff Sergey Yanovskiy's ("Plaintiff") Complaint (Doc. #1) for 2 failure to state a claim pursuant to Federal Rule of Civil 3

Procedure 12(b)(6).*fn1 Plaintiff did not file an opposition or 4 statement of non-opposition in response to the motion to dismiss.

Having carefully reviewed the papers, the Court finds that the 6

Complaint fails to state a claim and should be dismissed without 7 leave to amend for the reasons set forth in Defendants' motion. 8

Accordingly, Defendant's motion to dismiss is GRANTED WITH 9

PREJUDICE.

IT IS SO ORDERED.


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