Cruz v. Aurora Loan Services LLC (In Re Cruz)
United States Bankruptcy Court, S.D. California
1Opinion of the Court
MEMORANDUM DECISION ON MOTIONS TO DISMISS SECOND AMENDED COMPLAINT
MARGARET M. MANN, Bankruptcy Judge.
I. INTRODUCTION
The Court has considered the Motions (“Motions”) to Dismiss the Second Amended Complaint (“SAC”) of debtor and plaintiff Cirilo E. Cruz 1 (“Cruz”) brought pursuant to Fed. R. Bankr.P. 7012, incorporating by reference Fed. R.Civ.P. 12(b)(6), by Defendants Aurora Loan Services (“Aurora”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and ING Bank, F.S.B. (“ING”). 2 The Court grants the Motions in part and denies them in part for the reasons set forth in this Memorandum…
2Cases cited36 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- Kearns v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2009
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3Cited by6 opinions
- Haynes v. Emc Mortgage Corp.California Court of Appeal · 2012
- Cedano v. Aurora Loan Services, LLC (In Re Cedano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Boyd v. First Franklin Mortg. Loan Trust (In re Boyd)United States Bankruptcy Court, C.D. California · 2018
- Gallardo v. MTDS, Inc. CA6California Court of Appeal · 2015
- In re: Humberto CedanoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
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