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Title: Matthew C. Browndorf v. Td Bank

July 17, 2012

TITLE: MATTHEW C. BROWNDORF
v.
TD BANK, N.A., ET AL.



The opinion of the court was delivered by: Honorable David O. Carter, Judge

O

CIVIL MINUTES -- GENERAL

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Julie Barrera N/A

Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS): ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS

Before the Court are three Motions to Dismiss filed by Defendants TD Bank, N.A. ("TD Bank"), BMW Bank of North America ("BMW Bank"), BMW Financial Services, N.A., LLC ("BMW FS") and Saxon Mortgage Services, Inc. ("Saxon") (herein collectively referred to as "Creditor Def endants"). Mot. (Dkt. 25, 26, 29). With regards to Creditor Defendants, after reviewing the motions, oppositions, and replies, the Court DISMISSES the first cause of action WITH PREJUDICE and the second cause of action WITHOUT PREJUDICE. The Court DENIES Creditor Defendants' motions to dismiss the third cause of action.

I.Background

The facts alleged by Plaintiff Matthew C. Browndorf ("Plaintiff") are as follows:

i.Parties

Plaintiff is an individual resident of Irvine, California. First Am. Compl. ("FAC") (Dkt. 16) ¶ 5. Defendant TD Bank is a wholly owned subsidiary of TD Bank Federal Group, a corporation chartered and supervised by the Office of the Comptroller of the Currency. Id. at ¶ 6. Defendant BMW Bank is a corporation organized under the laws of Utah and licensed to do business in California. Id. at ¶ 10. Defendant BMW FS is a corporation organized under Ohio law and licensed to do business in California. Id. at ¶ 9. Defendant Saxon is a corporation organized under California law. Id. at ¶ 7.

ii.Bankruptcy

In February 2011, Plaintiff filed for Chapter 7 bankruptcy. Id. at ¶ 25. As a result, on May 20, 2011, Plaintiff was discharged completely in bankruptcy without objection. Id. at ¶ 25; Compl. (Dkt. 1) Ex. A.

iii.Credit Report Disputes

On August 2, 2011, Plaintiff received a copy of his credit report from all major reporting agencies to ensure that the Chapter 7 bankruptcy discharge order was properly reported. FAC ¶ 26. After realizing that the credit reporting agencies were reporting inaccurate information, Plaintiff contacted the credit reporting agencies to dispute the inaccuracies. Id. at ¶¶ 27-28. These credit reporting agencies are co-defendants in Plaintiff's lawsuit; ...


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