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IN RE CRUZ

Bankruptcy No. 11-01133-MM13. Adversary No. 11-90116-MM.

457 B.R. 806 (2011)

In re Cirilo E. CRUZ, Juana Cruz, Debtors. Cirilo E. Cruz, Plaintiff, v. Aurora Loan Services LLC; SCME Mortgage Bankers, Inc.; ING Bank, F.S.B.; Mortgage Electronic Registration Systems, Inc.; and Does 1 to 100, Defendants.

United States Bankruptcy Court, S.D. California.

August 11, 2011.

Attorney(s) appearing for the Case

Jeffery R. Menard , Law Offices of Jeffery R. Menard, San Diego, CA, for Plaintiff.

James M. Hester , Melissa Robbins Coutts , McCarthy & Holthus, LLP, San Diego, CA, Richard W. Esterkin , Morgan, Lewis & Bockius LLP, Los Angeles, CA, for Defendants.

SCME Mortgage Bankers, Inc., pro se.

MEMORANDUM DECISION ON MOTIONS TO DISMISS SECOND AMENDED COMPLAINT

MARGARET M. MANN, Bankruptcy Judge.

I. INTRODUCTION

The Court has considered the Motions ("Motions") to Dismiss the Second Amended Complaint ("SAC") of debtor and plaintiff Cirilo E. Cruz1 ("Cruz") brought pursuant to Fed. R. Bankr.P. 7012, incorporating by reference Fed. R.Civ.P. 12...

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