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Ferdinand Simbulan, An Individual v. First Horizon Home Loan Green Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 18, 2012

FERDINAND SIMBULAN, AN INDIVIDUAL,
PLAINTIFF,
v.
FIRST HORIZON HOME LOAN GREEN CORPORATION, A DIVISION OF FIRST HORIZON NATIONAL CORPORATION, A TENNESSEE CORPORATION, GREEN TREESERVICING LLC, AND DOES 1 THROUGH 40 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

ORDER AFFIRMING THE COURT'S TENTATIVE RULING; AND GRANTING DEFENDANTS FIRST TENNESSEE AND GREEN TREE'S MOTIONS TO DISMISS WITH PREJUDICE; AND [Doc. Nos. 23, 27]

DENYING DEFENDANT TREE'S RENEWED MOTION TO EXPUNGE LIS PENDENS AS MOOT [Doc. No. 28]

This foreclosure-related action is before the Court on Defendants First Tennessee and Green Tree's ("Defendants") Motions to Dismiss Plaintiff's First Amended Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). [Doc. Nos. 23, 27.] Also before the Court is Defendant Green Tree's Renewed Motion to Expunge Lis Pendens. [Doc. No. 28.] On September 14, 2012, the Court issued a tentative ruling granting Defendants' motions to dismiss, dismissing Plaintiff's claims with prejudice, and denying Defendant Green Tree's motion to expunge lis pendens as moot. [Doc. No. 34.] On September 17, 2012, the Court held a hearing on the motions.

Having considered the submissions of the parties and considered the arguments of counsel, the Court AFFIRMS its tentative ruling for the reasons stated on the record during the hearing, and in accordance therewith:

(1) The Court GRANTS Defendants' motions to dismiss, and dismisses all of Plaintiff's claims with prejudice;

(2) The Court DENIES Defendant Green Tree's renewed motion to expunge lis pendens as moot.

Accordingly, the Clerk of Court is instructed to enter judgment in favor of Defendants and terminate this case.

IT IS SO ORDERED.

20120918

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