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REYES v. DOWNEY SAVINGS AND LOAN ASS'N, F.A.

No. SACV 07-0615-AG (CTx).

541 F.Supp.2d 1108 (2008)

Alfredo REYES, Angelica Reyes, on behalf of themselves and others similarly situated, Plaintiffs, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; Downey Financial Corporation; and Does 1 through 100, inclusive, Defendants.

United States District Court, C.D. California.

March 29, 2008.

Attorney(s) appearing for the Case

Paul R. Kiesel, Patrick DeBlase, Michael C. Eyerly, Kiesel Boucher Larson LLP, Beverly Hills, CA, Jeffrey K. Berns, Law Offices of Jeffrey K. Berns, Tarzana, CA, for Plaintiffs.

Matthew A. Hodel, Michael S. Leboff, Hodel Briggs Winter, Irvine, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

ANDREW J. GUILFORD, District Judge.

Before the Court is Defendants' Motion to Dismiss the Second Through Sixth Causes of Action in Plaintiffs' First Amended Complaint for Failure to State a Claim ("Motion"). Some of the important issues addressed in this Motion are simply not best resolved through a motion to dismiss and the standards applicable to such motions. After considering the...

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