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Thomas Halterman v. Bank of America N.A.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 28, 2013

THOMAS HALTERMAN, PLAINTIFF,
v.
BANK OF AMERICA N.A., A NATIONAL ASSOCIATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A DELAWARE CORPORATION; WELLS FARGO BANK, NA, DBA AMERICA'S SERVICING COMPANY, A NATIONAL ASSOCIATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [Dkt. No. 7]

Presently before the court is Defendants' Motion to Dismiss Plaintiff's complaint. Having considered the submissions of the parties, the court grants the motion, with leave to amend.

Plaintiff brings thirteen causes of action related to his home mortgage loan and efforts to foreclose upon his property. In his Opposition to Defendants' Motion to Dismiss, Plaintiff concedes that several of his causes of action are inadequately pled, or otherwise indicates a desire to amend without addressing Defendants' arguments regarding dismissal. Indeed, the only causes of action Plaintiff argues are viable are for "promissory estoppel, negligent misrepresentation, and [] the cluster of claims arising out of the unlawful foreclosure sale." (Opp. at 8.) This statement is not entirely clear, as it does not appear that Plaintiff's complaint includes causes of action for promissory estoppel or negligent misrepresentation, and Plaintiff does not identify which claims he considers part of foreclosure "cluster."

Nevertheless, given Plaintiff's acknowledgment of the complaint's deficiencies, request for leave to amend, and stated intent to abandon certain causes of action, Defendants' Motion is GRANTED. All claims are DISMISSED, with leave to amend. Any amended complaint shall be filed within fourteen days of the date of this order.*fn1

IT IS SO ORDERED.


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