Marvin A. Sewell v. Franklin Credit Management Corporation

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning Defendant’s motion to dismiss. The court granted the motion as to the fifth and sixth causes of action without leave to amend, granted it as to the first, second, and third causes of action with leave to amend, denied it as to the eighth cause of action, and granted it as to the seventh, ninth, and tenth causes of action with leave to reassert them upon amendment.

Holdings

1. The district court presumed the magistrate judge's findings of fact were correct and reviewed the magistrate judge's conclusions of law de novo.
2. The motion to dismiss was granted without leave to amend as to the fifth and sixth causes of action; granted with leave to amend as to the first, second, and third causes of action; denied as to the eighth cause of action; and granted as to the seventh, ninth, and tenth causes of action, with leave to reassert those claims upon amendment of the first, second, or third causes of action in accordance with the court's order.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after review of Plaintiff's objections.
2. How Defendant's motion to dismiss should be resolved as to the pleaded causes of action, including whether dismissal should be with or without leave to amend.

Disposition

other