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15-2341 - Wilkins v. Bank of America, N.A., et al.


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15-2341 - Wilkins v. Bank of America, N.A., et al.
August 19, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/18/16 ORDERING that the defendants' motion to dismiss is resolved as follows: (1) DENIED as to plaintiff's claim under sections 2924.18 and 2923.6 against BANA and GRANTED as to the other defendants; (2) GRANTED as to plaintiff's section 2923.7 claim with respect to all defendants WITH LEAVE TO AMEND; (3) GRANTED as to plaintiff's claim under the Rosenthal Act WITH LEAVE TO AMEND; (4) DENIED as to plaintiff's UCL claim against defendant BANA with respect to the fraudulent prong, but GRANTED as to the rest of the UCL claim and the other defendants WITH LEAVE TO AMEND; (5) DENIED as to plaintiff's breach of contract claim with respect to defendant BANA, but GRANTED with respect to other defendants WITH LEAVE TO AMEND; (6) DENIED so far as the implied covenant of good faith and fair dealing claim is pled against defendant BANA, but GRANTED as to the rest of the defendants WITH LEAVE TO AMEND; (7) GRANTED as to plaintiff's fraud claim WITH LEAVE TO AMEND; (8) GRANTED as to plaintiff's negligence claim WITH LEAVE TO AMEND; (9) DENIED as to plaintiff's promissory estoppel claim with respect to defendant BANA, but GRANTED as to the other defendants WITH LEAVE TO AMEND. This order resolves ECF Nos. 6, 12. Plaintiffs' first amended complaint is due within 21 days from the date of this order, along with a separate status report with respect to whether the state action has been dismissed. (Becknal, R)
October 7, 2016
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STIPULATION and PROTECTIVE ORDER-CONFIDENTIAL DESIGNATION ONLY, signed by Magistrate Judge Edmund F. Brennan on 10/6/16. (Kastilahn, A)