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NOOL v. HOMEQ SERVICING

No. 1:09-CV-0885 OWW DLB.

653 F.Supp.2d 1047 (2009)

Jonathan A. NOOL and Arlene G. Nool, Plaintiffs, v. HOMEQ SERVICING, et al., Defendants.

United States District Court, E.D. California.

September 4, 2009.

Attorney(s) appearing for the Case

Joel Richard Bander, Bander Law Firm, LLP, Los Angeles, CA, for Plaintiffs.

John Owen Campbell, Houser & Allison, APC, Irvine, CA, for Defendants.

MEMORANDUM DECISION RE BARCLAYS CAPITAL REAL ESTATE, INC. (erroneously sued as HOMEQ SERVICING) (DOC. 5).

OLIVER W. WANGER, District Judge.

I. INTRODUCTION

Barclays Capital Real Estate Inc. ("Barclays"), erroneously sued as HomeQ Servicing, moves to dismiss Jonathan A. and Arlene G. Nool's ("Plaintiffs") complaint pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6). Doc. 8. On May 4, 2009, Plaintiffs filed a complaint in Fresno County...

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