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ALKAN v. CITIMORTGAGE, INC.

No. C-04-01918 RMW.

336 F.Supp.2d 1061 (2004)

Mehmet ALKAN, Plaintiff, v. CITIMORTGAGE, INC., Defendant.

United States District Court, N.D. California.

September 22, 2004.

Attorney(s) appearing for the Case

William E. Kennedy, Law Offices of William E. Kennedy, Santa Clara, CA, for Plaintiff.

Roland P. Reynolds, Pfeifer & Reynolds, LLP, Santa Ana, CA, for Defendant.

ORDER DENYING MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (FRCP 12(b)(6))

[Re Docket No. 5, 7, 8, 10]

WHYTE, District Judge.

Defendant Citimortgage Inc.'s motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), was heard on September 10, 2004. Plaintiff Mehmet Alkan opposes the motion. For the reasons set forth below, the court denies the motion.

I. BACKGROUND

In December 1997 plaintiff Mehmet Alkan obtained a mortgage from defendant...

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