Felice Crescenzo v. Wells Fargo Bank NA et al
Filing
35
MINUTES OF AMENDED Motion to Dismiss 27 (non-evidentiary) before Judge A. Howard Matz: The Court GRANTS in part and DENIES in part the Amended Motion to Dismiss. Any second amended complaint must be filed by not later than 10/3/2011. Court Reporter: Cindy Nirenberg. (jp)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV11-02507-AHM (RZx)
Title
FELICE CRESCENZO v. WELLS FARGO BANK NA, et al.
Present: The
Honorable
Date
September 12, 2011
A. HOWARD MATZ, U.S. DISTRICT JUDGE
Stephen Montes
Cindy Nirenberg
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Proceedings:
AMENDED MOTION TO DISMISS [27]
Tape No.
Attorneys Present for Defendants:
(non-evidentiary)
Court hears oral argument. For reasons and findings stated on the record, the Court
grants in part and denies in part the amended motion to dismiss.
The following causes of action are dismissed with leave to amend: (1) breach of
contract; (2) wrongful foreclosure under Cal. Civil Code § 2932.5; (3) wrongful
foreclosure under Cal. Civil Code § 2924g; (4) quiet title; (5) cancellation of trustee’s
deed; and (6) slander of title.
Plaintiff’s claims under TILA for damages are hereby dismissed with prejudice.
The Court denies the motion to dismiss as to the following causes of action: (1)
claims for rescission under TILA; (2) declaratory relief; (3) Plaintiff’s ninth and tenth
causes of action for violation of California’s Unfair Competition Law (unlawful and
unfair prongs).
Plaintiff, on his volition, orally agreed to dismiss his tenth cause of action as it
relates to violation of the fraud prong of California’s Unfair Competition Law.
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CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 1 of 2
O
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV11-02507-AHM (RZx)
Date
Title
September 12, 2011
FELICE CRESCENZO v. WELLS FARGO BANK NA, et al.
Any second amended complaint1 must be filed by not later than October 3, 2011.
:
Initials of Preparer
30
SMO
1
Amended complaints must be manually filed at the Civil Intake window, located
at the United States District Court, 312 N. Spring Street, Los Angeles, California 90012.
CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 2 of 2
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