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STAUFFER v. PREMIER SERVICE MORTGAGE, LLC

No. 1 CA-CV 15-0026.

382 P.3d 790 (2016)

Karl and Fabiana STAUFFER, Plaintiffs/Appellants, v. PREMIER SERVICE MORTGAGE, LLC, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED September 20, 2016.

Attorney(s) appearing for the Case

Ronald Warnicke PLC, Phoenix, By Ronald E. Warnicke , Co-Counsel for Plaintiffs/Appellants.

Warnicke Law PLC, Phoenix, By Robert C. Warnicke , Co-Counsel for Plaintiffs/Appellants.

Snell & Wilmer L.L.P., Tucson, By Andrew M. Jacobs , Robert A. Bernheim , Counsel for Defendant/Appellee U.S. Bank National Association.

Wright, Finlay & Zak, LLP, Phoenix, By Kim R. Lepore , Jamin S. Neil , Counsel for Defendants/Appellees First American Title Insurance Company and First American Servicing Trustee Solutions, LLC.

Judge Lawrence F. Winthrop delivered the decision of the Court, in which Presiding Judge Peter B. Swann and Judge Donn Kessler joined.

OPINION

¶ 1 Karl Stauffer and Fabiana Stauffer (the "Stauffers") appeal the trial court's order granting a Rule 12(b)(6) motion to dismiss their complaint for failure to state a claim. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 2005, the Stauffers executed a promissory...

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