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AKIL v. CARRINGTON MORTGAGE SERVICES, LLC

No. 2:12-cv-01225-GEB-KJN.

KARIM AKIL, an individual; AMY SCHLOEMANN, an individual, Plaintiffs, v. CARRINGTON MORTGAGE SERVICES, LLC, a Delaware Corporation; DEUTSCHE BANK NATIONAL TRUST COMPANY, successor in interest to NEW CENTURY MORTGAGE COMPANY; ATLANTIC & PACIFIC FORECLOSURE SERVICES, LLC, a Delaware Corporation; and all persons or entities unknown claiming any legal or equitable right, title, estate, lien or interest in the property described in this Complaint adverse to Plaintiffs' title thereto, and DOES 1 through 25, inclusive, Defendants.

United States District Court, E.D. California.

August 6, 2012.

Attorney(s) appearing for the Case

Karim Akil, Plaintiff, represented by September Joy Katje, Consumer Litigation Law Center.

Amy Schloemann, Plaintiff, represented by September Joy Katje, Consumer Litigation Law Center.

Carrington Mortgage Services, LLC, a Delaware Corporation, successor in interest, Defendant, represented by David Lee Chaffin, Wright, Finlay & Zak, Llp.

New Century Mortgage Corporation, a California Corporation, Defendant, represented by David Lee Chaffin, Wright, Finlay & Zak, Llp.

Atlantic & Pacific Foreclosure Services, LLC, a Delaware Corporation, Defendant, represented by David Lee Chaffin, Wright, Finlay & Zak, Llp.

Duetsche Bank National Trust Co., as successor in interest to New Century Mortgage Co., Defendant, represented by David Lee Chaffin, Wright, Finlay & Zak, Llp.

ORDER*

GARLAND E. BURRELL, Jr., Senior District Judge.

Defendants seek dismissal of Plaintiffs' verified First Amended Complaint ("FAC") under Federal Rule of Civil Procedure ("Rule") 12(b)(6). Plaintiffs oppose the motion.

I. LEGAL STANDARD

Decision on the Rule 12(b)(6) dismissal motion requires determination of "whether the complaint's factual allegations, together with all reasonable inferences...

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