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SILVAS v. E*TRADE MORTG. CORP.

No. 05 CV 2348 W(NLS).

421 F.Supp.2d 1315 (2006)

Edna SILVAS and Rodolfo Silvas, on behalf of themselves and the class of similarly situated customers, Plaintiffs, v. E*TRADE MORTGAGE CORPORATION, Defendant.

United States District Court, S.D. California.

March 16, 2006.

Attorney(s) appearing for the Case

Norman B. Blumenthal, Blumenthal and Markham, La Jolla, CA, for Plaintiffs.

Shirli Fabbri Weiss, DLA Piper Rudnick Gray Cary, San Diego, CA, David A. Vogel, Arnold and Porter, McLean, VA, Douglas P. Lobel, Brian K. Condon, Arnold and Porter, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

WHELAN, District Judge.

In this putative class action Plaintiffs Edna and Rodolfo Silvas ("Plaintiffs") seek a declaration that one of Defendant E*TRADE Mortgage Corporation's ("Defendant" or "E *Trade") lending practices violates California's Unfair Competition Law ("UCL"). Plaintiffs also request disgorgement and attorney fees and costs. Defendant now moves to dismiss based on federal preemption. All parties...

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