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BOTELHO v. U.S. BANK, N.A.

No. C 08-04316 RS.

692 F.Supp.2d 1174 (2010)

Henry BOTELHO, Plaintiff, v. U.S. BANK, N.A., as Trustee for the LXS 2007-4N Trust, Defendant.

United States District Court, N.D. California, San Jose Division.

February 16, 2010.

Attorney(s) appearing for the Case

Daniel Joseph Mulligan, St. James Recovery Services, P.C., San Francisco, CA, Thomas A. Jenkins, Jenkins, Mulligan & Gabriel, LLP, Indian Wells, CA, for Plaintiff.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

RICHARD SEEBORG, District Judge.

Defendant U.S. Bank, N.A., as Trustee for the LXS 2007-4N Trust ("U.S. Bank"), seeks dismissal under Federal Rule of Civil Procedure 12(b)(6) of a complaint filed by plaintiff homeowner Henry Botelho. Specifically, U.S. Bank claims that Botelho cannot state a claim for rescission of his mortgage loan under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., unless he...

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