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SULLIVAN v. JP MORGAN CHASE BANK, NA

No. 2:10-cv-00384-GEB-EFB.

725 F.Supp.2d 1087 (2010)

Robert SULLIVAN; Marlene Sullivan, Plaintiffs, v. JP MORGAN CHASE BANK, NA, and Does 1 through 100, inclusive, Defendant.

United States District Court, E.D. California.

June 30, 2010.

Attorney(s) appearing for the Case

John Steve Sargetis, Roseville, CA, for Plaintiffs.

S. Christopher Yoo, Adorno Yoss Alvarado and Smith, Santa Ana, C.A, for Defendant.

ORDER GRANTING AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

GARLAND E. BURRELL, JR., District Judge.

Defendant moves for dismissal of Plaintiffs' Complaint under Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)"), arguing Plaintiffs have failed to allege sufficient facts to state viable claims. For the reasons stated below, the motion is granted and denied in part.

I. LEGAL STANDARD

A Rule 12(b)(6) dismissal motion tests...

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