IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
January 16, 2013
JOHN H. APRAHAMIAN, AN INDIVIDUAL, JILL C. APRAHAMIAN, AN INDIVIDUAL, PLAINTIFFS,
BANK OF AMERICA CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR IN INTEREST FOR COUNTRYWIDE HOME LOANS, INC., ALSO DOING BUSINESS AS BAC HOME LOANS SERVICING LP; RECONTRUST COMPANY, N.A.; THE BANK OF NEW YORK, A NEW YORK CORPORATION; DOING BUSINESS AS THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF US_ACTIVE-111504689.1-SNAVID 01/17/2013 12:25 PM CWMBS, INC. AND CHL MORTGAGE PASS-THROUGH TRUST 2007-12 MORTGAGE PASS THROUGH-CERTIFICATES SERIES 2007-12; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A DELAWARE CORPORATION; DOES 1 THROUGH 100 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Audrey B. Collins United States District Judge
[PROPOSED] ORDER AND JUDGMENT [FED. R. CIV. P. 12(b)(6)] Date: January 28, 2013 Time: 10:00 a.m. Room: 680 Complt. Filed: October 31, 2012 Honorable Audrey B. Collins [PROPOSED] ORDER AND JUDGMENT
[Filed concurrently with Notice of Motion and Motion to Dismiss Plaintiffs' Complaint and Request for Judicial Notice]
Upon consideration of the pleadings and papers and with GOOD CAUSE shown, Defendants Bank of America, N.A. (erroneously sued as "Bank of America Corporation, a Delaware Corporation, as successor in interest for Countrywide Home Loans Inc., also doing business as BAC Home Loans Servicing LP"), ReconTrust Company, N.A., The Bank of New York Mellon FKA The Bank of New York as Trustee for the benefit CWMBS, Inc. and CHL Mortgage Pass-Through Trust 2007 -- 12 Mortgage Pass-Through Certificates Series 2007-12 (erroneously sued as "The Bank of New York, a New York Corporation; doing business as The Bank of New York Mellon FKA The Bank of New York as Trustee for the benefit CWMBS, Inc. and CHL Mortgage Pass-Through Trust 2007 -- 12 Mortgage Pass-Through Certificates Series 2007-12"), and Mortgage Electronic Registration Systems Inc.'s (collectively, "Defendants") Motion to Dismiss Plaintiffs John and Jill Aprahamian's (collectively, "Plaintiffs") Complaint ("Complaint") came on for regularly-noticed hearing on January 28, 2013 at 10:00 a.m. in Courtroom 680 of the above-entitled Court.
Upon consideration of the pleadings, the papers, and the arguments of counsel, and with GOOD CAUSE shown, Defendants' Motion to Dismiss Plaintiffs' Complaint is GRANTED [WITH] [WITHOUT] LEAVE TO AMEND. As a matter of law, the Complaint fails to set forth facts sufficient to state a valid cause of action against Defendants.
Given the foregoing ruling, IT IS HEREBY ORDERED that Defendants are DISMISSED from this action [WITH] [WITHOUT] PREJUDICE. A final JUDGMENT OF DISMISSAL is hereby entered against Plaintiffs and in favor of Defendants. Plaintiffs shall take nothing by way of any claims against Defendants and Defendants are entitled to recover their costs of suit.
To the extent a lis pendens is recorded against the property commonly identified as 3308 Via Giovanni Cir., Corona, California 92881, it is hereby expunged.
IT IS SO ORDERED.
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