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McDONNELL v. BANK OF AMERICA

No. 2:12-CV-0096 KJM EFB.

DIANE C. McDONNELL and JERRY D. FREY, Plaintiffs, v. BANK OF AMERICA, et al., Defendants.

United States District Court, E.D. California.

June 14, 2013.

Attorney(s) appearing for the Case

Diane C. McDonnell, Plaintiff, represented by Kenneth M. Foley, Law Office Of Kenneth M. Foley.

Jerry D. Frey, Plaintiff, represented by Kenneth M. Foley, Law Office Of Kenneth M. Foley.

Bank of America, N.A., Defendant, represented by Justin Donald Balser, Akerman Senterfitt LLP & Victoria Cantore, Akerman Senterfitt LLP.

Bank of America Home Loans, Defendant, represented by Justin Donald Balser, Akerman Senterfitt LLP & Victoria Cantore, Akerman Senterfitt LLP.

Recontrust Company, N.A., Defendant, represented by Justin Donald Balser, Akerman Senterfitt LLP & Victoria Cantore, Akerman Senterfitt LLP.

Green Tree Servicing LLC, Defendant, represented by Justin Donald Balser, Akerman Senterfitt LLP & Victoria Cantore, Akerman Senterfitt LLP.

ORDER

KIMBERLY J. MUELLER, District Judge.

Defendants Bank of America and Recontrust Company, joined by defendant Greentree Servicing, Inc. (collectively, defendants), have filed a motion to dismiss plaintiffs' First Amended Complaint (FAC). The court submitted the matter on the papers and now GRANTS the motion to dismiss.

I. BACKGROUND

On December 6, 2011, plaintiffs filed a complaint in Calaveras County Superior Court, alleging...

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