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CA E Dist. Court: “Plaintiff may therefore proceed on her claims for negligence” MONDAY v. SAXON MORTGAGE

CA E Dist. Court: “Plaintiff may therefore proceed on her claims for negligence” MONDAY v. SAXON MORTGAGE


HENRIETTA J. MONDAY, an Individual, Plaintiff,
v.
SAXON MORTGAGE SERVICES, INC
, a Texas Corporation; OCWEN LOAN SERVICING, LLC, a Delaware Limited Liability Company; U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF ABFC 2007-WMC1 TRUST ASSET BACKED FUNDING CORPORATION ASSET BACKED CERTIFICATED, SERIES 2007-WMC1, an Ohio Business Entity; T.D. SERVICE COMPANY, a California Corporation; and DOES 1 through 10, Inclusive, Defendants.

No. CIV. 2:10-989 WBS KJM.

November 29, 2010.

MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS AND TO STRIKE

WILLIAM B. SHUBB, District Judge.

Excerpt:

Plaintiff may therefore proceed under the First Amended Complaint on her claims for negligence against Saxon; cancellation of instrument against Ocwen, U.S. Bank, and TDS; setting aside the trustee’s sale against all defendants; and violations of the UCL against Saxon and U.S. Bank. If plaintiff wishes to amend the complaint to cure the defects explained above, she may do so within twenty days from the date of this Order. Otherwise, the case will proceed under the First Amended Complaint.

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