Free Proposed Order - District Court of California - California

Case 5:08-cv-00868-RMW

Document 50

Filed 05/03/2008

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MARGARET A. KEANE (State Bar No. 255378) [email protected] KRIS H. MAN (State Bar No. 246008) [email protected] DEWEY & LEBOEUF LLP One Embarcadero Center Suite 400 San Francisco, CA 94111-3619 Telephone: (415) 951-1100 Facsimile: (415) 951-1180 Attorneys for Defendant LSI Appraisal, LLC IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FELTON A. SPEARS, JR. and , SIDNEY SCHOLL, on behalf of themselves and all others similarly situated, Plaintiffs, vs. WASHINGTON MUTUAL, INC., a Washington corporation; FIRST AMERICAN EAPPRAISEIT, a Delaware corporation; and LENDERS SERVICE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:08-cv-00868 (HRL) CLASS ACTION [PROPOSED] ORDER GRANTING DEFENDANT LSI APPRAISAL, LLC'S MOTION TO DISMISS Date: Time: Place: Tuesday, July 15, 2008 10:00 a.m. Courtroom 2, 5th Floor 280 South 1st Street San Jose, CA 95113

Honorable Howard R. Lloyd

The motion of Defendant LSI Appraisal, LLC (erroneously sued herein as Lenders Service, Inc.) ("LSI") for an order dismissing with prejudice Plaintiffs' First Amended Class Action Complaint ("Complaint") came on hearing on July 15, 2008 at 10:00am before the Court. Having considered the papers in support of and in opposition to the motion, as well as having considered the oral arguments of the parties, papers on file, the record, and applicable authorities and good cause appearing:

[PROPOSED] ORDER GRANTING DEFENDANT LSI APPRAISAL, LLC'S MOTION TO DISMISS

Case 5:08-cv-00868-RMW

Document 50

Filed 05/03/2008

Page 2 of 2

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IT IS HEREBY ORDERED that LSI's motion to dismiss the Complaint is GRANTED in its entirety with prejudice under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure:

1.

Plaintiffs Cannot Establish The Basic Jurisdictional Requirements Of Article III Standing.

2.

Plaintiffs Fail To State A Claim Upon Which Relief Can Be Granted: A. B. California Law Does Not Recognize A Claim Based on Negligent Appraisal; Plaintiffs Have Suffered No Actionable Damages Based on the Appraisal Reports; C. Plaintiffs Cannot State A Claim Under RESPA Against LSI Because LSI Did Not Provide Any Settlement Services In Connection With Plaintiffs' Loans; D. Plaintiffs Are Not Entitled to Restitution Because They Do Not Have Standing to Seek Injunctive Relief; E. F. G. CLRA Does Not Apply to Real Estate Transactions; Plaintiffs Have Not Sufficiently Alleged the Existence of A Contract; And Plaintiffs Cannot Recover For Quasi-Contract Because LSI Never Received A Benefit from Plaintiffs.

IT IS SO ORDERED

______________________________________ THE HONORABLE HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

[PROPOSED] ORDER GRANTING DEFENDANT LSI APPRAISAL, LLC'S MOTION TO DISMISS