Legal Opinion
Botelho v. U.S. Bank, N.A.
District Court, N.D. California
Decided February 16, 2010No. C 08-04316 RSPublishedCited by 17 opinions
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
RICHARD SEEBORG, District Judge.
Defendant U.S. Bank, N.A., as Trustee for the LXS 2007-4N Trust (“U.S.Bank”), seeks dismissal under Federal Rule of Civil Procedure 12(b)(6) of a complaint filed by plaintiff homeowner Henry Botelho. Specifically, U.S. Bank claims that Botelho cannot state a claim for rescission of his mortgage loan under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., unless he alleges a present ability to tender the loan proceeds. As discussed in further detail below, such an allegation is not necessary for Botelho’s case to…
2Cases cited16 opinions
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- United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman SchnerCourt of Appeals for the Ninth Circuit · 1992
- Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
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3Cited by17 opinions
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- Garcia v. Fannie MaeDistrict Court, D. Oregon · 2011
- Lonberg v. Freddie MacDistrict Court, D. Oregon · 2011
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