Monday, February 1, 2010

Recent Dismissals

Associate Niria Arvizu recently persuaded a Judge to dismiss a case at the pleading stage that had been filed against a mortgage broker by a former client that was attempting to prevent foreclosure. Although Judges are often reluctant to dismiss a case at the very begining, Ms. Arvizu was able to to establish that all of the loan documents were in order and that there was no Legal obligation to translate them into Spanish as the plaintiff had claimed.

Associate Stuart Miller obtained an order dismissing a case he was handling after the plaintiff failed to file an amended complaint as was previously ordered by the Judge. Mr. Miller had previously convinced the Judge that Plaintiff's original complaint was defective and should be amended. Apparently, the plaintiff believed that he would be unable to cure the defects in his original complaint as he did not file an amended complaint as ordered.

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