AU v. REPUBLIC STATE MORTGAGE COMPANY

Civil No. 11-00251 JMS/KSC.

RONALD AU, Plaintiff, v. REPUBLIC STATE MORTGAGE COMPANY; CHAD COTTON; SAND CANYON CORPORATION, f.k.a. OPTION ONE MORTGAGE CORPORATION; HOMEWARD RESIDENTIAL, INC., f.k.a. AMERICAN HOME MORTGAGE SERVICING, INC.; and WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-5 ASSET-BACKED CERTIFICATES, SERIES 2007-5, Defendants.

United States District Court, D. Hawaii.

July 30, 2012.


Attorney(s) appearing for the Case

Ronald Au, Plaintiff, represented by Ronald G.S. Au , American Savings Bank Tower.

Republic State Mortgage Company, Defendant, represented by Marcus L. Landsberg , Landsberg Law Office, Ari Karen , Offit Kurman, P.A. & Russell B. Berger , Offit Kurman, PRO HAC VICE.

Option One Mortgage Corporation, now known as Sand Canyon Corporation, Defendant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Homeward Residential, Inc., also known as American Home Mortgage Servicing Inc., Defendant, represented by James B. Rogers , Alston Hunt Floyd & Ing.

Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-5 Asset-Backed Certificates, Series 2007-5, Defendant, represented by James B. Rogers , Alston Hunt Floyd & Ing.

Option One Mortgage Corporation, Cross Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Republic State Mortgage Company, Cross Defendant, represented by Ari Karen , Offit Kurman, P.A. & Russell B. Berger , Offit Kurman, PRO HAC VICE.

Option One Mortgage Corporation, Counter Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Ronald Au, Counter Defendant, represented by Ronald G.S. Au , American Savings Bank Tower.

Option One Mortgage Corporation, Cross Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Republic State Mortgage Company, Cross Defendant, represented by Ari Karen , Offit Kurman, P.A. & Russell B. Berger , Offit Kurman, PRO HAC VICE.

Option One Mortgage Corporation, Counter Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Ronald Au, Counter Defendant, represented by Ronald G.S. Au , American Savings Bank Tower.

Option One Mortgage Corporation, Cross Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Republic State Mortgage Company, Cross Defendant, represented by Marcus L. Landsberg , Landsberg Law Office, Ari Karen , Offit Kurman, P.A. & Russell B. Berger , Offit Kurman, PRO HAC VICE.

Option One Mortgage Corporation, Counter Claimant, represented by Chanelle Mari Chung Fujimoto , Steven Chung & Associates LLLC, Gregory A. Ferren & Steven K.S. Chung , Steven Chung & Associates LLLC.

Ronald Au, Counter Defendant, represented by Ronald G.S. Au , American Savings Bank Tower.


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

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

This action is again before the court after several attempts by Plaintiff Ronald Au ("Plaintiff"), proceeding pro se,1 to state or to clarify his claims relating to a February 2007 refinancing transaction and corresponding...

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