Ramero v. Saxon Mortgage Services

          ORDER

          MANUEL L. REAL, District Judge.

         The Court, having considered the Motion to Dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Fed.R.Civ.P. 9(b) filed by Defendant Saxon Mortgage Services, Inc. (incorrectly sued herein as "Saxon Mortgage Services") ("Defendant"), hereby GRANTS the Motion to Dismiss and ORDERS that:

         1. Count One alleging "unfair debt collection practices" is hereby dimissed with prejudice as to the following claims:

         (a) Plaintiff's claim pursuant to California's Rosenthal Fair Debt Collection Practices Act, including but not limited to California Civil Code § 1788(e) and (f), is hereby dismissed with prejudice because Plaintiff failed to state a claim.

         (b) Plaintff's claim pursuant to the Federal Fair Debt Collections Act, 15 U.S.C. §§ 1692, et seq., is hereby dismissed with prejudice because Plaintiff failed to state a claim.

         (c) Plaintiff's claim pursuant to the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601-2617, is hereby dismissed with prejudice because Plaintiff failed to state a claim.

         2. Count Two alleging "predatory lending practices" is hereby dimissed with prejudice because Plaintiff failed to state a claim.

         3. Count Three alleging RICO violations pursuant to 18 U.S.C. §§ 1961, et seq., is hereby dismissed with prejudice because Plaintiff failed to state a claim for violation of RICO and because Plaintiff failed to state a RICO claim with sufficient particularity.

         IS IS SO ORDERED