text:
YES BANK RTGS HO Branch in YADAGIRIGUTTA - Address, IFSC, MICR Code
YESB0YLNS03MICR Code
YADAGIRI LNS COOP BANK YADGIRIGUTTAContact
5-184/2-C NEAR GHAT ROAD YADGIRIGUTTA 508115City
What is IFSC Code of YES BANK situated at YADAGIRI LNS COOP BANK YADGIRIGUTTA- RTGS-HO?
IFSC Code of YES BANK situated at YADAGIRI LNS COOP BANK YADGIRIGUTTA - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
Fetish Series
Fetish Series
Cindy & RajWoman submits to spanking from son-in-law and daughter.
Cindy and MindyChris meets his old futa lovers twin daughters.
Cindy's SlutShe takes control of him.
Claire Gets PunishedClaire acts like an immature brat.
Class RulesHeadmaster teaches young virgin.
Cleaning Out KellyKelly takes her mom to another level.
Cleaning the BossA new job with a slut for a boss.
Cleaning up Bob's MessA man pays his rent by eating his roommate's cum.
CoachingCoach finds an undeniable attraction to his player.
Cocky HairtisteAdventures of a casting couch victim.

subset: commoncrawl


text: Cool photo: Boarding an amphibious assault ship seems like a lot of funJesus Diaz2/28/14 4:10pmFiled to: neatmarinesus navy101EditPromoteShare to KinjaToggle Conversation toolsGo to permalink From the US Navy: "Marines assigned to 31st Marine Expeditionary Unit enter the well deck of the forward-deployed amphibious assault ship USS Bonhomme Richard." That looks like an amazingly fun ride to me. Advertisement A lot more fun than this: Sgt. George Cardenas, an explosive ordnance disposal technician with the Maritime Raid Force, 11th Marine Expeditionary Unit, climbs a ladder onto a cargo vessel from a rigid hull inflatable boat off the coast of Camp Pendleton, Calif., Feb. 26, 2014.Top photo by Mass Communication Specialist 2nd Class Jerome D. Johnson. Bottom photo by Sgt. Melissa Wenger. SPLOID is a new blog about awesome stuff. Join us on FacebookGear from Kinja DealsStore Your Pet's Food In Style With SimplehumanBestsellers: RTIC TumblersBuy a PS4 For $249, Get a Year of PlayStation Plus For FreeReply10 repliesLeave a reply


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Category page
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Characters who can communicate with, manipulate, or reanimate the dead.


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The Immigrant
The hammock and those lazy Brazilians from the Northeast
The Brazilian right-wing has resorted to the most abominable prejudices in order to win the runoff vote for the presidential elections
Meu coador não aguenta!!!
Our columnist Victor Fraga gets back to his mother language to talk about feelings and taboos that are hard to translate [Content in Portuguese only]
Israel's murderous football
Israel thinks that the Gaza conflict is just a murderous football match without rules, where the referee and the crowd have no importance
Brazil 7 – 0 Russia
Many qualities of Brazil were forgotten and overlooked during the World Cup, but they will be sorely missed when we land in tyrannical and bigoted Russia in four years
So, just how Latin are you?
¡Ay, caramba! This World Cup is testing the allegiances of Brazilians: shall we align ourselves with our poor Latin neighbours or with our distant and rich cousins in the Northern hemisphere?
Losing my favourite game
Fernando Duarte launches his new book and reveals to The Immigrant the joys and the pains of Brazilian football, and how defeat has empowered the nation
Repackaging Brazil?
Our readers called Gilles Peterson a "colonialist" reselling Brazil to his own profit. So, are foreigners entitled to survey Brazil? Is their take valid or is it just self-serving, frothy gimmicks?
In defence of Brazil: we are not a nation of slackers
An irresponsible piece of journalism in The Economist earlier this week portrayed Brazilians as lazy workers who are alone too blame for all of their woes. I beg to differ.
No male maids allowed!!!
If you want a Brazilian maid, she has to be female – our sexist language mandates
The unbearable shallowness of being… Brazilian
Some Brazilians will resort to the most absurd and desperate measures in order to defend their socio-economic status – or sometimes even to buy it


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Data Access Using ActiveX Data Objects (ADO)
ActiveX Data Objects (ADO) is designed to be an easy-to-use application-level interface to any OLE DB data provider, including relational and non-relational databases, e-mail and file systems, text and graphics, and custom business objects, as well as existing ODBC data sources. Virtually all of the data available throughout the enterprise is available using the ADO data access technology.
ADO is easy to use, language-independent, implemented with a small footprint, uses minimal network traffic, and has few layers between the client application and the data source — all to provide lightweight, high-performance data access.
The general characteristics of ADO are:
- Ease of use.
- High performance.
- Programmatic control of cursors.
- Complex cursor types, including batch and server- and client-side cursors.
- Ability to return multiple result sets from a single query.
- Synchronous, asynchronous, or event-driven query execution.
- Reusable, property-changeable objects.
- Advanced recordset cache management.
- Flexibility — it works with existing database technologies and all OLE DB providers.
- Excellent error trapping.
The simple semantics of ADO and universal application mean minimal developer training, rapid application development, and inexpensive maintenance.
The following sections will acquaint you with ADO data access technology.
|Understanding the ADO Object Model
|Defines the ADO object model and how it works.
|Accessing Data with ADO
|Discusses the application and use of the ADO data access technology.
|When to Use ADO
|Specifies when to use ADO in your application.
For More Information For more information on how to implement data access using ActiveX Data Objects (ADO), search for "ADO Overview" in MSDN Library Visual Studio 6.0.


text:
Thread: question for share hosting.
06-03-2011, 01:59 AM #1Junior Guru Wannabe
- Join Date
- Feb 2010
- Posts
- 71
question for share hosting.
we are just thinking opening share hosting. we have do some research also.
we have just used few share hosting ( for testing ).
we can see that some share hosting provider run it on xen ( not the one on the dedicated server )
do you guy recommend running share hosting under xen instead on dedicated server ?
Im having a little difficult understanding your post, but if I understand you correctly you are looking to start offering a web hosting service and you want to know if it would be better to start off with a VPS or a dedicated server? Personally, I think you would be better off first starting out with a reseller, then once you get the hang of things you can either upgrade to a VPS or lease a dedicated box. In this industry its always best if you crawl before you walkNeed Web Hosting? Click Here to Learn Why You Should Switch To FernGullyGraphics
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06-03-2011, 05:57 AM #3Disabled
- Join Date
- Jun 2011
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- 13
You'd get more resources if you use a dedicated server, as it's dedicated to you rather than anyone else.
However, starting off with a VPS isn't a bad idea at all. But you can run into some problems if you start hosting some bigger websites.
My recommendation: if you're serious about web hosting, out of the two options (Xen and a dedicated server) get a dedicated server if your budget allows it. If not, then a VPS will be fine. If you actively monitor it you will know when the time is to upgrade to a dedicated.
06-03-2011, 07:08 AM #4Reseller Hosting Specialist
- Join Date
- Jun 2005
- Location
- New York
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- 2,882
Why don't you start off on a reseller plan? It is the easiest and most cost-effective way to get started in the business█ XeHost.net - Hosting websites since 1999!
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06-03-2011, 07:31 AM #5Eternal Learner
- Join Date
- Jul 2007
- Posts
- 2,050
With Xen or for that matter any Virtual environment, it would be good if you host mostly static websites and not dynamic websites. For Dynamic websites, a dedicated server will be the best way to start. We don't know what budget do you have for the investment and hence cannot really advice you the best way. Reseller plan may be a good option to start with, but you will not enjoy the privileges of setting your own policies as you will have to follow the policies set by the hosting company.Prashant T.
Don't run after Success. Run after Excellence and Success will soon follow.
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Teacher's Toolkit
I have been an elementary school teacher for 28 years, having taught the full gambit from K to 5th. The last 10 years have been spent in first grade. Just this year I changed to second. I have a passion for Special Education and enjoy Graphic Design as a hobby. The loves of my life are my furbabies!
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- Description & Specifications
|For Use With (Application)
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Description of this paper
STAT 219 Problem Set 5
Question;Researchers studying infant head circumferences (in centimeters) wish to test if the mean head circumference differs from the historical mean of 34.5 cm. The researchers obtain a sample of 17 infants with a mean head circumference of 34.16 cm and a standard deviation of 0.58 cm.At the? = 0.05 significance level, test the claimHO: ? = 34.5HA: ?? 34.5c) State the rule of rejection (in terms of p-value and level of significance) (5 points)d) Find the p-value (5 points)e) Should you reject or not reject HO? (5 points)f) Does the result suggest that the mean head circumference differs from 34.5 cm? (5 points)
Paper#61957 | Written in 18-Jul-2015Price : $22


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Once you've found your perfect dress, selected your dream venue, tasted 20 different types of wedding cake and sorted your seated plan…then changed it, then changed it again you come onto the fun task of creating your Wedding Gift List.... read more
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Posted: 28 July 2016
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Llechwen Hall is hosting its popular Summer Wedding Showcase on Sunday 3rd July between 11am and 4pm.... read more
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A nationwide poll to find the funniest, most heart-warming and romantic wedding photos has revealed the nation's favourites, following more than 1,000 votes.... read more
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Oklahoma Appeals Court Halts Inmate's Execution
An appeals court halted the execution of Richard Glossip to allow his defense to provide new evidence.By Ryan Biek | September 16, 2015
An appeals court has halted the execution of Oklahoma death row inmate Richard Glossip. Glossip was set to be executed Wednesday.
Glossip was convicted of murder for the 1997 death of a motel owner. A man named Justin Sneed testified that Glossip hired him to carry out the murder. However, Sneed's testimony has been called questionable by some sources.
One being Sister Helen Prejean, who ministers to death row inmates. She wrote a piece published by CNN that claims Sneed gave contradictory versions of the case and that he was pressed during the police's interrogation to claim he didn't act alone.


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Deer Spirit Animal
What is the meaning of the deer totem?
- Gentleness
- Ability to move through life and obstacles with grace
- Being in touch with inner child, innocence
- Being sensitive and intuitive
- Vigilance, ability to change directions quickly
- Magical ability to regenerate, being in touch with life's mysteries
Dear spirit animal, symbol of gentleness and heart energy
When you have the deer as spirit animal, you are able to bring gentleness and grace in every aspects of your life, even in the most challenging moments. By inspiration from the deer's qualities, you can achieve ambitious goals and tackle difficult situation smoothly with a touch of gentleness and grace.
The deer spirit animal will remind you to be gentle with yourself and others. The grace and gentleness characteristic of this spirit animal echo the qualities brought forth when living from the heart. For example, the traditional symbol used for the heart chakra has the deer (sometimes also represented as an antelope) as emblematic animal of the energy of love and harmony with oneself and others.
The power of the deer: Grace & determination
The deer horns are great means of defending and asserting yourself. Being gentle does not being being defenseless. With the deer as a power animal on your side, you can be strongly determined and gentle at the same time.
Deer totem wisdom and innocence
Another quality that the deer spirit animal brings to those who have a connection with it is a felt sense of their own inner gentleness, a clear connection with the innocence of their inner child. The spirit of the deer reveals to you a fresh perspective on old issues. Takes advantage of this opportunity to revise and reverse patterns of thought or behavior that no longer serve you.
A mystical totem animal, symbol of regeneration of life and heart energy
The deer's antlers can grow back once they fall. Because of this characteristic, this animal has been revered in many traditions as a symbol of life regeneration. There's a cloud of mystery around this ability that gives the deer a magical and mystical quality. If you have the deer as power animal, you could tap into life's magical ability to renew itself.
A spirit guide to develop sensitivity and intuitive powers
If the deer has chosen you as your spirit or totem animal, you may be called to use or develop your sensitivity at various levels in your life. This animal powers guide you to refine your intuition and psychic abilities. You can refine your receptivity and use your senses and intuition to reach farther out.
The deer spirit and vigilance
Those with the deer as animal totem may be inclined to be constantly on the move, being on the look out for the next opportunity. By affinity with this spirit animal, you may also be watchful of your "predators", which translate into a tendency to be sometimes overly cautious. It takes time for you to trust someone or feel safe in your environment.
You can invoke the power of the deer to guide you in getting accustomed to new surroundings and people. This spirit guide might show up in your life to warn you encourage you to trust your instinct. The deer spirit animal will also show up in your life to encourage you to take some time by yourself in a quiet environment to rest or in nature. It invites you to find rest and peace in silence.
Is The Deer Your Spirit Animal?
Find out now with the new Spirit Animal Quiz. This free online quiz will help you find your spirit animal the easy way.
Most Popular Spirit Animals
354 Responses to Deer Spirit Animal
My spirit animal is a deer because I am gentle and graceful but at the same time I am smart🤓 and can protect😠👊🏻 myself. Also because I have dreams😴🌈 about deers.
My spirit animal is a wolf because I have them in dreams, I always feel thier presence and my favorite animal is a wolf.Oh I canalso hear very well.
I meant can also not one word
I used to think mine was a wolf, cause well what u can do is similar to me, but for me it happens with a deer, a Wolf, and a lepoard. What even am I anymore?????? XD I like them all
You need to do a Meditation specifically designed to help you meet your spirit guide. You may have to meditate a few times before your spirit animal presents itself to you. It did mine. Finally, it just strolled out to meet me.
Lynn Andrews has a meditation that will help you find your spirit animal. You will also need to learn some relaxation technics to get you to the 'dream' level that you need to reach out to your spirit animal. Just look online and find one that works for you.
You can also use relaxation to help you find your inner child, talk to your guardian, and more. It's great! Happy dreaming.
I have grown up with giant turtles and alligators when i started missing the place i grewup and needed my friends i staryex realizing i had animal guides the whole time for my differnt moods of spiritual activity like a black bear and a lion and niw a deer apparition or vision there is something vreat and divine out there for us all thanks to knowledge truth and self impowerment improvement and thanks to jesus and his disciples and american indians all spirit walkers seek wisdom guidance protection for your mind body and spirit. Its all for the greater good.
I don't understand… I'm a jackass, why did I get the beautiful deer? This is so wrong.
I was playing a game called life is strange and i notice how much i had in common with max so since her spirit animal was a deer i wanted to find out what mine was i took the test and what a surprise it was also the deer weird right. I should have known because one day in Fall i missed the bus so i walked home from school on the train tracks then i saw a family of deer on my way it looked like they were staring at me and we made eye contact and one of them let me pet it weird am i right.
Oml I love lis, that's why I came here, I was doing a drawing of the spirit animals of the characters in lis and I wanted to find out what they really meant… Apparently I'm an owl… I've always loved owls but foxes have always stood out to me, I've never seen one in real life though, but when I see them on TVs or in books it feels like they're looking at me… But then I could just be crazy!😂😂
I love life is strange!! I too got the deer <3
I have been searching for my spirit animal and very recently thought it was wolf. When I read the descriptions of Wolf, it seemed to describe me. But deer has appeared in my dreams, & I have very recently seen does all around. The other night, a mother and her fawn stood on the side of the road as we drove past. They were shockingly unafraid, then hopped up the hill and disappeared. In my dream, I have acted like a deer, and saw my connection to a doe. And when I read this, I realized how much I have in common with this beautiful creature. It surprises me, though, because I have always thought myself a hunter.
Stop hunting these poor creatures they're defenseless perhaps a bit more empathy is necessary to quit your hunting habit
So… Here we go:
I have been seeing dragonflies in all the places I go to in vacation. I am very afraid of bugs and flies so I just get very annoyed and frightened in any situations involving bugs. So you could say I wouldn't hurt a fly.
Deer have been an animal I respect and love. To me, they are other humans; they have the looks, too.
Lions have been with me for many years. I am a Leo, and I have this lion that is with me all the time- I feel him next to me, laying down, or just his presence. I can see him faintly, as if it was a light outline. I feel a warmth when he is close.
To sum it up:
Dragonflies are my guides
Deer are my inner animals
And lions are my spirit guides
I am a deer and a lion
House Lannister and Baratheon!
Well..what u say is true in my case
[…] excerpt from the section, Deer Spirit Animal, written by Elena Harris, at the Spirit Animals & Animal Totems website, are meanings of the […]


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"i think the hotel is under conversion to fortune group. so everything was not ...." - Pranesh AnnamalaiRead more reviews >>
Hotel Aruna Chennai
Nungambakkam, Chennai, Tamil Nadu - 600 034
Hotel Aruna Chennai, Chennai - Overview
Located in the city centre of Chennai, three kms from the shopping centre and seven kms from the railway station, Fortune Aruna, this 92-room hotel promises a relaxed stay. The hotel maintains state-of-the-art business centres namely 'Waves', 'Pearl 1' and 'Pearl-2' equipped with secretarial service and internet access and a banquet room for conducting social gatherings situated by the pool side. Guests can simply unwind at Marina, a bar or simply catch up with friends over a cup of coffee at Columbia.
Fortune Aruna, a luxury hotel in Chennai also offers an array of guest amenities which include: 24 hour front desk, concierge, free parking and currency exchange facility. Guest can splash in the sparkling waters of the pool or shopaholics can choose to shop at the on-site gift shop. Spa services are also offered for rejuvenation.
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Hotel Aruna Chennai, Chennai - Amenities
- Audio-visual equipment
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- Central Air Conditioning
- Coffee shop or cafe
- Concierge
- Currency exchange
- Front desk
- Full Services Health Spa
- Gift shops or news-stand
- Housekeeping
- Internet Access
- Laundry facilities
- Lounge
- Luggage storage
- Newspaper
- Parking
- Poolside Bar
- Room service
- Safe Deposit Box
- Shopping on site
- Swimming pool
- Tea Coffee Maker
- Access via exterior corridors
- Bathrobes
- Bottled water in room(complimentary)
- Cable/satellite TV
- Central Air Conditioning
- Complimentary newspaper
- Complimentary toiletries
- Direct-dial phone
- Extra towels,linens,bedding
- Hair dryer
- Handheld showers
- Housekeeping
- In-room safe
- Internet access-wireless
- Minibar
- Refrigerator-Room
- Tea Coffee Maker
- Wakeup-calls
- Welcome amenities


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Mario Badescu Special Healing Powder
Heal and conceal acne with this specially formulated powder that absorbs excess oil and reduces redness and irritation caused by breakouts. May be dusted over skin to help control surface oil, prevent congestion and acne. Works wonders to quickly dry up open, infected pimples.How to use: Dust the powder sparingly ... Learn More


text:
Coral Gables, Florida 33134
United States
|Areas of Practice
|1) Medical Negligence, 2) Truck Accidents, 3) Personal Injury, 4) Wrongful Death and 5) Products Liability
|Admitted Year
|University of Miami (B.S., 1991
|Most recent firm
|Colson Hicks Eidson
|Relevant Jobs
Attorney - Insurance Defense
Insurance Defense litigation trial practice is currently seeking an attorney for our Miami office. Candidates should possess 5+ years of experience in insurance defense (GL & BI, not PIP) to join ...
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Growing Health Law practice in the Orlando market with an excellent client base and a fast-paced environment seeks diligent, detail-oriented, driven and highly motivated Attorney with experience for a...
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Assistant, General Counsel - M&a
Assistant, General Counsel - M&A The candidate will serve as the principal attorney supporting the Company's global M&A and strategic investment activities. Will work with the Company's Business ...
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|+ View more jobs
A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.
Catherine Lerer specializes in the representation of seriously injured victims. She is an experienced litigator and trial attorney. She has arbitrated, mediated and tried hundreds of cases and successfully settled more than a thousand cases.


text: With a stay at Ratho Farm in Bothwell, you'll be in the historical district and minutes from Ratho Farm Golf, and close to Australasian Golf Museum. This 4-star bed & breakfast is convenient to Nant Distillery. Treat yourself to a stay in one of the 12 individually decorated guestrooms, featuring fireplaces and LED televisions. Your room comes with a pillowtop bed. Rooms have private furnished balconies or patios. Kitchenettes are outfitted with refrigerators, stovetops, and microwaves. Complimentary wireless Internet access is available to keep you connected. Take advantage of recreation opportunities such as a golf course or take in the view from a terrace and a garden. This bed & breakfast also features complimentary wireless Internet access, concierge services, and wedding services. Quench your thirst with your favorite drink at a bar/lounge. Breakfast is available for a fee. Featured amenities include express check-in, dry cleaning/laundry services, and luggage storage. Event facilities at this bed & breakfast consist of conference space and meeting rooms. Free self parking is available onsite.


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You are here
Microwave Pineapple Upside Down Cake
|1⁄4 Cup (4 tbs)
|Brown sugar
|1⁄3 Cup (5.33 tbs), firmly packed
|Canned pineapple slices
|8 Ounce, drained and liquid reserved (1 Can)
|Maraschino cherries
|4 , cut in half
|All purpose flour
|1 1⁄4 Cup (20 tbs)
|3⁄4 Cup (12 tbs)
|Baking powder
|2 Teaspoon
|1⁄2 Teaspoon
|1⁄3 Cup (5.33 tbs)
|1⁄8 Cup (2 tbs), mixed with the canned pineapple liquid to make 1/4 cup total
|1 Teaspoon
In 8-inch round microwave-safe dish, place butter.
Microwave at high (10) 3/4 to 1 minute to melt.
Sprinkle sugar over butter.
Drain pineapple, reserving liquid.
Arrange pineapple slices in dish.
Decorate with cherries.
In small mixer bowl, place flour, sugar, baking powder, salt, shortening, egg, pineapple-milk mixture and vanilla.
Beat 3 minutes on lowest mixer speed.
Carefully spread batter over fruit in dish.
Microwave at high (10) 8 to 12 minutes.
When done, toothpick inserted in center of cake comes out clean.
Invert cake onto plate; let dish stand over cake 5 minutes.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 2721 Calories from Fat 1071
% Daily Value*
Total Fat 121 g186.8%
Saturated Fat 48.3 g241.5%
Trans Fat 9 g
Cholesterol 335.3 mg111.8%
Sodium 1872.1 mg78%
Total Carbohydrates 393 g131.2%
Dietary Fiber 6.8 g27.2%
Sugars 267.7 g
Protein 24 g47.8%
Vitamin A 33.7% Vitamin C 38.5%
Calcium 84.6% Iron 52.6%
*Based on a 2000 Calorie diet


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November 10, 2011
JAMES D. HEALD,PLAINTIFF,v.NATIONAL CITY MORTGAGE; PNC PORTIONS MORTGAGE; ET AL.,DEFENDANTS.
(ECF No. 2)
Presently before the Court is Defendants' motion to dismiss Plaintiff's complaint and motion to strike portions of Plaintiff's complaint. (Mot. to Dismiss, ECF No. 2) Also before the Court is Plaintiff James D. Heald's ("Plaintiff") response in opposition, (Resp. in Opp'n, ECF No. 6),*fn1 and Defendants' reply in support, (Reply in Supp., ECF No. 7). Having considered the parties' arguments and the law, Defendants' motion to dismiss is GRANTED and Defendants' motion to strike is therefore DENIED AS MOOT.
1. Factual Background
In November 2007, Plaintiff obtained a loan from Defendants in the amount of $417,000.00 in connection with his purchase of a single family residence in San Diego County, California. (Compl. ¶¶ 13--15, ECF No. 1-1) Though Plaintiff was led to believe that he was merely executing loan documents, (id. ¶ 15), Plaintiff alleges that the documents he signed "contain[ed] small and hidden and/or disguised provisions which were not explained and do not show acknowledgment of understanding and acceptance from Plaintiff," (id. ¶ 21), and that in fact the Deed of Trust securing the loan acts as a cognovit note "to the sole detriment and subsequent depravation of Plaintiff and his rightful possession of property," (id.). At the time of entering into these agreements and throughout the entire life of the loan, Defendants allegedly made false and fraudulent representations to Plaintiff. (Id. ¶¶ 29--38)
Some time after these events, Plaintiff alleges that "a severance of the ownership and possession of the original Note and Deed of Trust . . . occurred," and therefore, because the true owner and holder are unknown, "defendants cannot legally foreclose." (Id. ¶ 24)
2. Procedural Background
Plaintiff filed this action on March 22, 2011 in the San Diego County Superior Court of the State of California. (Compl., ECF No. 1-1) Soon thereafter, Defendants removed the case to this Court pursuant to 28 U.S.C. § 1441(b) because (1) the parties are completely diverse and the amount in controversy exceeds $75,000.00, or, alternatively (2) Plaintiff's complaint alleges a violation of federal law and as such this Court has federal question jurisdiction. (Not. Removal 2, ECF No. 1)
On May 6, 2011, Defendants filed the instant motion to dismiss and motion to strike. (Mot. to Dismiss, ECF No. 2). Plaintiff responded on June 3, 2011, (Resp. in Opp'n, ECF No. 6), and Defendants replied on June 6, 2011, (Reply in Supp., ECF No. 7). The hearing set for the motion was thereafter vacated, and the matter was taken under submission on the papers. (Order, June 20, 2011, ECF No. 8)
Federal Rule of Civil Procedure 12(b)(6) permits a party to raise by motion the defense that the complaint "fail[s] to state a claim upon which relief can be granted," generally referred to as a motion to dismiss. The Court evaluates whether a complaint states a cognizable legal theory and sufficient facts in light of Federal Rule of Civil Procedure 8(a), which requires a "short and plain statement of the claim showing that the pleader is entitled to relief." Although Rule 8 "does not require 'detailed factual allegations,' . . . it [does] demand[] more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, - US - , 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In other words, "a plaintiff's obligation to provide the 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (citing Papasan v. Allain, 478 U.S. 265, 286 (1986)). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.'" Iqbal, 129 S. Ct. at 1949 (citing Twombly, 550 U.S. at 557).
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570); see also Fed. R. Civ. P. 12(b)(6). A claim is facially plausible when the facts pled "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly, 550 U.S. at 556). That is not to say that the claim must be probable, but there must be "more than a sheer possibility that a defendant has acted unlawfully." Id. Facts "'merely consistent with' a defendant's liability" fall short of a plausible entitlement to relief. Id. (quoting Twombly, 550 U.S. at 557). Further, the Court need not accept as true "legal conclusions" contained in the complaint. Id. This review requires context-specific analysis involving the Court's "judicial experience and common sense." Id. at 1950 (citation omitted). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not 'show[n]'-'that the pleader is entitled to relief.'" Id. Moreover, "for a complaint to be dismissed because the allegations give rise to an affirmative defense[,] the defense clearly must appear on the face of the pleading."
McCalden v. Ca. Library Ass'n, 955 F.2d 1214, 1219 (9th Cir. 1990).
Where a motion to dismiss is granted, "leave to amend should be granted 'unless the court determines that the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency.'" DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992) (quoting Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986)). In other words, where leave to amend would be futile, the Court may deny leave to amend. See Desoto, 957 F.2d at 658; Schreiber, 806 F.2d at 1401.
Plaintiff alleges five claims in his complaint: (1) misrepresentation and fraud; (2) wrongful foreclosure; (3) quiet title; (4) unfair business practices under California Business and Professions Code § 17200, et seq.; and (5) RICO statute violations, 18 U.S.C. § 1961. (Compl., ECF No. 1-1) Defendants move to dismiss each of these claims for failure to allege sufficient facts to state a claim, and also challenge "Plaintiff's foundational argument that the subject deed of trust is a cognovit." (Mot. to Dismiss 4, ECF No. 2) Finally, Defendants move to strike Plaintiff's claim for punitive damages, (id. at 10--11), Plaintiff's request for a preliminary injunction, (id. at 12), and Plaintiff's claim for rescission, (id. at 12--13). The Court considers each of Defendants' arguments in turn.
1. Cognovit Note
Plaintiff alleges that the Deed of Trust contained hidden provisions that were neither explained by Defendants nor acknowledged by Plaintiff, and that in reality the Deed of Trust is a cognovit note. (Compl. ¶ 21, ECF No. 1-1) Defendants argue that the Court should reject Plaintiff's contention that the Deed of Trust is a cognovit because it "includes nothing more than a power of sale clause." (Mot. to Dismiss 4, ECF No. 2)
To begin,
"The cognovit is the ancient legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder." . . .
In the states which permit its use, the cognovitnote "authorizes an attorney to confess judgment against the person or persons signing it. It is written authority of a debtor and a direction by him for the entry of a judgment against him if the obligation set forth in the note is not paid when due . . . It cuts off every defense which the maker of the note may otherwise have. It likewise cuts off all rights of appeal from any judgment taken on it."
FDIC v. Aaronian, 93 F.3d 636, 637 (9th Cir. 1996) (second alteration in original) (quoting D.H. Overmyer Co., Inc. of Ohio v. Frick, 405 U.S. 174, 176 & n.2 (1972)).
Here, Plaintiff has neither attached the Deed of Trust as an exhibit to the complaint nor quoted or summarized the clause or clauses that he contends "operate" as a cognovit note.*fn2
Plaintiff's allegation of the existence of a cognovit is based on his ambiguous assertion that "[a]s a result" of the "hidden and/or disguised provisions," the "Deed of Trust operates as a Cognovit Note." (Compl. ¶ 21, ECF No. 1-1 (emphasis omitted)) However, a cognovit does not simply arise by virtue of a defendant's fraudulent conduct, but rather is a distinct legal device requiring both parties' consent. See D.H. Overmyer Co., 405 U.S. at 176 & n.2. Thus, Plaintiff has not alleged sufficient facts supporting the existence of a cognovit; to the extent that any of Plaintiff's claims of relief are based upon the existence of a cognovit, those claims must be dismissed.
Moreover, to the extent that, as Defendants posit, Plaintiff is contending that the power-of-sale clause in the Deed of Trust-which would allow Defendants to sell Plaintiff's property in the event that Plaintiff defaulted on his loan-constitutes a cognovit, Plaintiff is mistaken. Several district courts within the Ninth Circuit have previously held that a power of sale clause is not a cognovit, and this Court agrees. See, e.g., Dotson v. Metrociti Mortgage, No. 10-3484, 2011 U.S. Dist. LEXIS 97754, at *13 (E.D. Cal. Aug. 30, 2011) (dismissing the case without leave to amend after concluding that the power-of-sale clause is not a cognovit); Myers v. Bank of Am., N.A., No. 10-00003, 2011 U.S. LEXIS 50468, at *11 (C.D. Cal. Mar. 2, 2011) ("A non-judicial power-of-sale clause in a deed of trust is entirely distinct from cognovit note or a confession of judgment and does not raise federal due process concerns." (citing Cal. Civ. Proc. Code §§ 1132--1134, 2920, et seq.)); Geist v. Onewest Bank, 2010 U.S. Dist. LEXIS 81077, No. 10-1879, at *12--14 (N.D. Cal. Aug. 9, 2010) ("In short, the power of sale clause is not a cognovit." (citation omitted)).
2. Misrepresentation and Fraud
Plaintiff's first claim for "misrepresentation and fraud" is subject to the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). See Neilson v. Union Bank, N.A., 290 F. Supp. 2d 1101, 1141 (C.D. Cal. 2003). Under this rule, Plaintiff must "state with particularity the circumstances constituting fraud." Fed. R. Civ. P. 9(b). The allegations of fraud must "be 'specific' enough to give defendants notice of the particular misconduct . . . so that they can defend against the charge and not just deny that they have done anything wrong." Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003) (quoting Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 2001)). Namely, these allegations "must be accompanied by 'the who, what, when, where, and how' of the misconduct charged." Id. (quoting Cooper v. Pickett, 137 F.3d 616, 627 (9th Cir. 1997)). "'[A] plaintiff must set forth more than the neutral facts necessary to identify the transaction. The plaintiff must set forth what is false or misleading about a statement, and why it is false.'" Id. (quoting Decker v. GlenFed, Inc., 42 F.3d 1541, 1548 (9th Cir. 1994)).
To state a claim for misrepresentation or fraud under California law Plaintiff must plead "'(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage.'" Alliance Mortgage Co. v. Rothwell, 900 P.2d 601, 608 n.4 (Cal. 1995) (quoting Molko v. Holy Spirit Ass'n, 762 P.2d 46, 53 (Cal. 1988)).
As to the element of misrepresentation, Plaintiff alleges that Defendants "knowingly and intentionally concealed material information," including the final exact interest rate set forth in the Promissory Note; how and when any adjustments to that interest rate and the recurring monthly payment would occur; what index or basis would be used for calculating any such interest rate adjustments, nor what the effect of any negative amortization would be; the negative effect to his home equity in the event that the scheduled or option ARM monthly payments were not sufficient to pay all accruing interest, resulting in an ever increasing balance owing on the loan and the eventual total dissipation of Plaintiff's home equity. (Compl. ¶ 30, ECF No. 1-1)Although this level of specificity as to what information was allegedly concealed may be sufficient to satisfy Rule 9(b), Plaintiff fails to supplement these allegations with any indication of who was responsible for concealing this information or when, where, or how it occurred. See Vess, 317 F.3d at 1106. Without more information regarding the alleged concealment, however, Defendants cannot adequately defend against the allegation because all they can do is merely "deny that they have done anything wrong." Id. (quoting BlyMagee, 236 F.3d at 1019). This is exactly the type of inadequacy that the specificity requirements of Rule 9(b) guard against.
Moreover, Plaintiff alleges that Defendants made false representations, but fails to identify what those false representations consisted of, instead merely stating that "[t]he true facts were that Plaintiff was deceived into unknowingly signing a cognovit note, waiving his equitable rights to ownership of his property, without warning and just compensation for waiving his said rights." (Compl. ¶ 31, ECF No. 1-1) Identifying the "true facts" without alleging any "false facts" represented by the Defendants is insufficient under either Rule 9(b) or 8(a).
Thus, because Plaintiff has failed to allege sufficient facts to state a claim for misrepresentation or fraud, the Court GRANTS Defendants' motion to dismiss this claim.*fn3
Plaintiff's claim for misrepresentation and fraud is DISMISSED WITHOUT PREJUDICE.
3. Wrongful Foreclosure
To the extent that Plaintiff's wrongful foreclosure claim is based on his claim that the Deed of Trust "proceed[s] as a cognovit note," (Compl. ¶ 41, ECF No. 1-1), it necessarily fails because the Court has already concluded that Plaintiff failed to allege sufficient facts of the existence of a cognovit, see supra at 5--6.
Alternatively, to the extent that Plaintiff's wrongful foreclosure claim is based on the fact that Defendants do not possess the "genuine original" promissory note, allonge, or deed of trust it necessarily fails as well. (See Compl. ¶¶ 45--53, ECF No. 1-1) California does not require possession of the original note before initiating a foreclosure. See Ngoc Nguyen v. Wells Fargo Bank, N.A., 749 F. Supp. 2d 1022, 1035 (N.D. Cal. 2010) ("California law does not require possession of the [original] note as a precondition to non-judicial foreclosure under a deed of trust." (internal quotation marks omitted)); Quintero Family Trust v. OneWest Bank, FSB, No. 09-1561, 2010 U.S. Dist. LEXIS 6618, at *20--21 (S.D. Cal. Jan. 27, 2010) (rejecting a wrongful foreclosure claim because producing an original note is not a prerequisite to foreclosure in California).
Moreover, California's "tender rule" bars this claim. See Guerrero v. Greenpoint Mortg. Funding, Inc., 403 F. App'x 154, 157 (9th Cir. 2010) (holding that plaintiffs lacked standing to bring a wrongful foreclosure claim because they did not allege "actual, full, and unambiguous tender" of the debt owed on the mortgage); Lofgren v. Nat'l City Mortg., Inc., No. 10-1644, 2011 U.S. Dist. LEXIS 3358, at *4--5 (S.D. Cal. Jan. 11, 2011) (granting defendant's motion to dismiss plaintiff's wrongful foreclosure claim for failure to allege tender). As discussed infra, Plaintiff has not alleged that he is able to tender the amount of his indebtedness. Thus, Plaintiff's wrongful foreclosure claim fails for this reason as well.
Finally, the Court notes that Plaintiff failed to provide any argument in his opposition regarding Defendants' motion to dismiss his claim for wrongful foreclosure.*fn4 Thus, for the reasons stated above and because Plaintiff does not oppose Defendants' motion to dismiss on this basis, the Court GRANTS Defendants' motion to dismiss Plaintiff's claim for wrongful foreclosure; the claim is DISMISSED WITHOUT PREJUDICE.
4. Quiet Title
Plaintiff's third claim seeks to quiet title to the property. (Compl. ¶¶ 61--66, ECF No. 1-1) Plaintiff asserts that "Defendants have no legal or equitable right, claim, or interest in [the] property," (id. ¶ 63), but that Defendants nevertheless "allege ownership, and claim an interest in the property adverse to Plaintiff," (id. ¶ 64). Thus, "Plaintiff seeks a declaration that the title to the Subject Property is vested in Plaintiff alone to quiet title against the other claimants." (Id. ¶ 65)
Quiet title claims may establish title against adverse claims to real property or any interest therein. Cal. Civ. Proc. Code § 760.020. A complaint alleging such a claim must be verified and include (1) a description of the property, (2) the basis for plaintiff's title, (3) the adverse claim or claims to title, (4) the date as of which the determination is sought, and (5) a prayer for determination of plaintiff's title against the adverse claims. Id. § 761.020.
The Court finds that this claim must be DISMISSED because Plaintiff has not alleged that he is able to tender the amount of his indebtedness. Under California's "tender rule," "a mortgagor cannot quiet title against the mortgagee without paying the debt secured." Shimpones v. Stickney, 28 P.2d 673, 678 (Cal. 1934); see also Mehta v. Wells Fargo Bank, 737 F. Supp. 2d 1185, 1206 (S.D. Cal. Aug. 26, 2010) (Sammartino, J.) (dismissing the quiet title claim because the plaintiff failed to allege tender); Kozhayev v. Am.'s Wholsale Lender, No. 09-2841, 2010 U.S. Dist. LEXIS 77553, at *12--13 (E.D. Cal. Aug. 2, 2010) (same); Karlsen v. Am. Sav. & Loan Ass'n, 92 Cal. Rptr. 851, 854 (Cal. Ct. App. 1971). Here, Plaintiff does not allege that he has tendered the balance owing on the note, or that he is able to do so. Absent this key offer, the Court must DISMISS this claim WITHOUT PREJUDICE.
Plaintiff contends that he should be excused from the tender requirement. (Resp. in Opp'n 8, ECF No. 6) Though Plaintiff lists several exceptions to the tender rule, he does not indicate which one or ones should apply to the instant case. (See id.) The Court finds that none of Plaintiff's proposed exceptions apply: Plaintiff does not allege in his complaint and provides no supporting argument in his opposition brief that Defendants "lulled [Plaintiff] into not paying," (id. (citing McCue v. Bradley, 84 P. 993, 994--95 (Cal. 1906)); that "payment could be construed as a waiver of the right to rescind," (id. (citing Stockton v. Newman, 307 P.2d 56, 61 (Cal. Ct. App. 1957)); or that "nothing is due" on the loan, (id. (citing Hauger v. Gates, 269 P.2d 609 (Cal. 1954)). Thus, even assuming that these exceptions are tenable, Plaintiff has failed to invoke any of them here.
5. Unfair Business Practices, Cal. Business and Professions Code § 17200, et seq.
Plaintiff's fourth claim for relief is for unfair business practices in violation of California Business and Professions Code § 17200, et seq. ("Unfair Competition Law" or "UCL"). California's UCL prohibits acts of unfair competition, which includes "any unlawful, unfair or fraudulent business act or practice." Cal. Bus. & Prof. Code § 17200; see also In re Pomona Valley Medical Grp. Inc., 476 F.3d 665, 674 (9th Cir. 2007). "Because [the UCL] is written in the disjunctive, it establishes three varieties of unfair competition-acts or practices which are unlawful, or unfair, or fraudulent." Podolsky v. First Healthcare Corp., 58 Cal. Rptr. 2d 89, 98 (Cal. Ct. App. 1996). In the instant case, Plaintiff's complaint identifies the following unlawful, unfair, or fraudulent business practices: "[I]nducing Plaintiff to enter into a purported agreement based on Defendants' fraudulent representations, slandering Plaintiff's title in the Subject Property, and deceiving Plaintiff through unlawful false advertising." (Compl. ¶ 68, ECF No. 1-1); (see also id. ¶¶ 69--70)
A. Unlawful Business Practice
"[A]n action based on [the UCL] to redress an unlawful business practice 'borrows' violations of other laws and treats these violations . . . as unlawful practices, independently actionable under section 17200, et seq. and subject to the distinct remedies provided thereunder." Farmers Ins. Exch. v. Super. Ct. of L.A. County, 826 P.2d 730, 734 (Cal. 1992) (citation omitted); see also Chabner v. United Omaha Life Ins. Co., 225 F.3d 1042, 1048 (9th Cir. 2000). A business practice that violates almost any federal, state, or local law is an "unlawful practice" under section 17200 and thereby may serve as the basis for a UCL claim. See CRST Van Expedited, Inc. v. Werner Enters., Inc., 479 F.3d 1099, 1107 (9th Cir. 2007); Saunders v. Super. Ct. of L.A. County, 33 Cal. Rptr. 438, 441 (Cal. Ct. App. 1994).
In the instant case, Plaintiff can state a UCL claim if he can state a claim under a "borrowed" law. See Webb v. Smart Document Solutions, LLC, 499 F.3d 1078, 1082 (9th Cir. 2007) (finding that the alleged conduct "must violate a law . . . in order for Plaintiffs to state a claim for relief under Section 17200' s 'unlawful' prong"). Here, Plaintiff's complaint does not identify what "borrowed" law he purports to state a UCL claim under. In his opposition brief, however, Plaintiff claims that because he has stated a claim for misrepresentation and fraud, he has sufficiently pleaded an "unlawful practice" under the California UCL. (Resp. in Opp'n 9, ECF No. 6) However, the Court has already concluded that Plaintiff failed to allege sufficient facts of misrepresentation and fraud. See supra at 6--8. Thus, the Court finds that the complaint does not adequately state an "unlawful practice" under section 17200 to serve as the basis for a UCL claim.
B. Unfair Business Practice
Even if a practice is not "unlawful," it may still be "unfair." See Cel-Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 973 P.2d 527, 540(Cal. 1999). In Cel-Tech, the California Supreme Court held that conduct is "unfair" between business competitors only if it is "tethered" to an underlying law. Id. at 544; see also In re Nat'l W. Life Ins. Deferred Annuities Litig., 268 F.R.D. 652, 667 (S.D. Cal. 2010). Specifically, in interpreting the unfairness prong, the California Supreme Court stated the following:
[T]o guide the courts and the business community adequately and to promote consumer protection, we must require that any finding of unfairness to competitors under section 17200 be tethered to some legislatively declared policy or proof of some actual or threatened impact on competition. . . . [T]he word "unfair" in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law, or otherwise significantly threatens or harms competition.
Cal-Tech, 973 P.2d at 544.
Here, Plaintiff has not alleged any act that would be an "incipient violation of an antitrust law." Though Plaintiff argues that "[i]t is clearly unethical and substantially injurious to consumers for a loan servicer to, among other things, charge a higher interest rate than represented and promised to Plaintiff, to omit and fail to disclose information about the loan, and to foreclose upon a home when the true owner of the Deed of Trust and Note are unknown," none of these acts threaten antitrust violations and thus are better suited to the UCL's fraudulent business practice prong. Accordingly, the Court finds thatPlaintiff's complaint does not adequately state an "unfair practice" under section 17200 to serve as the basis for a UCL claim.
C. Fraudulent Business Practice
"Fraud is not an essential element of a claim under [the UCL]," but that does not mean that Rule 9(b)'s heightened pleading requirements never apply to such claims. Vess, 317 F.3d at 1103. With regard to the application of Rule 9(b) in claims pursuant to section 17200, the Ninth Circuit has stated the following:
In cases where fraud is not a necessary element of a claim, a plaintiff may choose nonetheless to allege in the complaint that the defendant has engaged in fraudulent conduct. In some cases, the plaintiff may allege a unified course of fraudulent conduct and rely entirely on that course of conduct as the basis of a claim. In that event, the claim is said to be "grounded in fraud" or to "sound in fraud," and the pleading of that claim as a whole must satisfy the particularity requirement of Rule 9(b). . . .
In other cases, however, a plaintiff may choose not to allege a unified course of fraudulent conduct in support of a claim, but rather to allege some fraudulent and some non-fraudulent conduct. In such cases, only the allegations of fraud are subject to Rule 9(b)'s heightened pleading requirements.
Id. at 1103--04.
In addition to satisfying Rule 9(b), if applicable, all allegations under section 17200 must "state with reasonable particularity the facts supporting the statutory elements of the violation." Khoury v. Maly's of California, Inc., 17 Cal. Rptr. 2d 708, 712 (1993). Under the "fraudulent practice" prong of section 17200, "[t]his merely requires allegations that the public is likely to be deceived and, to the extent injunctive relief is sought, that the complainant suffered actual injury." Patent Trust v. Microsoft Corp., 525 F. Supp. 2d 1200, 1218 (S.D. Cal. 2007).
Here, the Court finds that Plaintiff's complaint "sounds in fraud." Plaintiff alleges that Defendants' actions were "aimed at deceiving Plaintiff before and during the loan process," (Compl. ¶ 69, ECF No 1-1); that Defendants' "officers, employees, and agents" "failed to disclose that the interest rate actually charged on this loan was higher than the rate represented and promised to Plaintiff," and "concealed, omitted, and/or otherwise failed to disclose information," (id.); and that Defendants "failed to disclose the true variable nature of interest rates on adjustable rate mortgage loans and adjustable rate home equity loans" and "failed to properly disclose th[e] values of the property and their concerns of such an overinflated house price, (id.). Accordingly, the Court concludes that the heightened pleading requirements apply to Plaintiff's claims in their entirety. See Stickrath v. Globalstar, Inc., 527 F. Supp. 2d 992, 998 (N.D. Cal. 2007) (applying Rule 9(b) to the plaintiffs' claims pursuant to section 17200 where the court found that the allegations were based on a "unified course of fraudulent conduct").
As with Plaintiff's claim for misrepresentation and fraud, the Court finds that these allegations are insufficient to satisfy Rule 9(b)'s heightened pleading standards. Plaintiff does not identify which of Defendants' "officers, employees, and agents" were responsible for the allegedly deceptive actions, what the allegedly false representations were or what information was concealed, or when these actions occurred (other than the broad assertion that the deceptive practices occurred "before and during the loan process"). Thus, the Court finds that Plaintiff's allegations are insufficient to state a "fraudulent practice" under section 17200 to serve as the basis for a UCL claim.
Because the Court concludesthat Plaintiff's complaint fails to state a claim for unlawful, unfair, or fraudulent business practices under section 17200, Defendants' motion to dismiss Plaintiff's fourth claim for relief is GRANTED.
6. RICO Statute Violations, 18 U.S.C. § 1961
Plaintiff raises his final cause of action under 18 U.S.C. §§ 1961, et seq., the Racketeer Influenced and Corrupt Organizations Act ("RICO"). (Compl. ¶¶ 72--79, ECF No. 1-1) The RICO Act prohibits certain conduct involving a "pattern of racketeering activity," and makes a private right of action available to "[a]ny person injured in his business or property by reason of a violation" of RICO's substantive restrictions, provided that the alleged violation was the proximate cause of the injury. Holmes v. Sec. Investor Protection Corp., 503 U.S. 258, 268 (1992). Plaintiff's RICO claims are based on violations of § 1962(a) and § 1962(c). (See Compl. ¶¶ 74--75, ECF No. 1-1) Section 1962(a) prohibits investment of income derived "from a pattern of racketeering activity or through collection of an unlawful debt" in "any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce." Id. § 1962(a). Section 1962(c) states that no one "employed by or associated with any enterprise" may conduct the "enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt." Id. § 1962(c).
To the extent that Plaintiff's fifth claim for RICO violations is predicated on fraudulent conduct in that Plaintiff alleges that Defendants "compromise a group of corporations associated in fact to defraud and profiteer from individual borrowers through the use of intentional nondisclosure, material misrepresentation, and creation of fraudulent loan documents," (Compl. ¶ 73, ECF No. 1-1), and asserts predicate acts including mail and wire fraud, among other deceptive practices, (id. ¶ 76), the Court finds that Rule 9(b)'s heightened pleading standards apply to Plaintiff's RICO allegations. See Edwards v. Marin Park, Inc., 356 F.3d 1058, 1066 (9th Cir. 2004) ("Rule 9(b)'s [heightened pleading requirement] . . . applies to civil RICO fraud claims.") (citing Alan Neuman Prods., Inc. v. Albright, 862 F.2d 1388, 1392 (9th Cir. 1988)). Applying Rule 9(b), the Court finds that Plaintiff's complaint is deficient.
First, the majority of Plaintiff's allegations are pleaded "on information and belief," and are not otherwise supported by any independent factual basis. (See Compl. ¶¶ 73--75, ECF No. 1-1) As such, the Court finds that Plaintiff's allegations are insufficient under Rule 9(b). See, e.g., Neubronner v. Milken, 6 F.3d 666, 672 (9th Cir. 1993) (holding, in the RICO context, that "a plaintiff who makes allegations on information and belief must state the factual basis for the belief" (citations omitted)); New England Data Servs., Inc. v. Becher, 829 F.2d 286 (1st Cir. 1987) (applying Rule 9(b) to a civil RICO claim and stating that allegations based on "information and belief" are insufficient to satisfy Rule 9(b)'s particularity requirement).
Second, as with Plaintiff's misrepresentation and fraud claim and UCL fraudulent practices claim, Plaintiff fails to identify with sufficient particularity "'the who, what, when, where, and how' of the misconduct charged." Vess, 317 F.3d at 1106 (quoting Cooper, 137 F.3d at 627)). In his allegations of mail fraud, for example, Plaintiff merely asserts that Defendants "us[ed] the mails for sending out materials among themselves and to investors," without any information as to who sent what mailings to whom and when. (Compl. ¶ 76, ECF No. 1-1) The other allegations are in accord. (See id.)
Third and finally, the Court notes that Plaintiff did not oppose Defendants' motion to dismiss the RICO violations claim, and in fact dropped this claim from his proposed amended complaint. (See Resp. in Opp'n, ECF No. 6); (Ex. 1 at 1, ECF No. 6) Thus, for the reasons stated above and because Plaintiff does not oppose Defendants' motion to dismiss on this basis, the Court GRANTS Defendants' motion to dismiss Plaintiff's claim for violations of the RICO Act; the claim is DISMISSED WITHOUT PREJUDICE.
For the reasons stated above, the Court GRANTS Defendants' motion to dismiss, and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE in its entirety.*fn5
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Jfk Jr
jfk jr. should have been arrested for robbing the gene pool! lol
We are a global lifestyle, travel and fashion guide. Read more about the latest trends around the world from international bloggers. Find out all about the latest fashion, beauty, fitness, charities, parties, travel and more. Read the latest interviews with top celebrities, including top models, football/soccer superstars, designers, and artists.
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SEC charges ITT and top two executives with fraud, alleging they misled investors about huge losses in lending programs. Embattled company asks regulators not to run with fraud allegations until the court rules on them.
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Two major for-profits announce campus closures and sell-offs as the industry continues a long slide caused by regulatory crackdowns, competition and bad publicity.
As Corinthian files for bankruptcy, Education Department officials race to head off the political firestorm over debt forgiveness sparked by unprecedented collapse of the for-profit college.
Kaplan University creates new "competency reports" for all 45,000 students, a move that adds momentum, and risks, for competency-based education's spread.
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Education Department and community colleges try to help Corinthian students transfer, but Senate Democrats and consumer groups complain about for-profits as a transfer option.
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Education Department fines Corinthian Colleges $30 million for misleading students and orders its Heald College campuses to stop enrolling students and wind down operations.
For-profit colleges are feeling more scrutiny and pressure from states and attorneys general over their financial practices.
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The Fannie Pack
Where there's smoke...
I'm jumping into a lunch meeting but I wanted to quickly point out the Fannie Mae (FNM:NYSE) news to those Minyans who aren't on the Buzz. Bloomberg is reporting that a federal regulator, in a statement, warned that Fannie may have used improper procedures in accounting for impairments.
Bloomberg further quotes the director of the Office of Federal Housing Enterprise Oversight (OFHEO) as saying "our review of this particular matter, while not concluded, has led to concerns that Fannie Mae may not have applied the proper accounting guidance in this area. This could affect not only the company's manufactured housing portfolio but other assets as well."
I've been sniffin' smoke in this sucka for a long time--and it's been a long haul--but I feel compelled to keep you up on what I see and feel in the name. Why? The implications are massive--far bigger than Worldcom, Enron, Adelphia and Tyco combined--as an unwind, if and when, will ripple through asset classes like a Tsunami. THE question--and it really boils down to this--is whether the government will let it play out.
And as always, Minyans, I offer this with educational intent only. This is the biggest blip on my trading ship, however, and I needed to make sure it's on yours as well.
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- Washing machine
- Dishwasher
- Microwave
- Refrigerator
- Towels/Sheets (extra fee)
- Bathtub
- Shower
- Bathtub or shower
- Bathroom
- Toilet
Living Area
- Fireplace
- Sitting area
Media & Technology
- DVD Player
- Radio
- Entire unit located on ground floor
- Outdoor furniture
- Terrace
- Fishing
Building characteristics
- Detached
Outdoor & View
- Sea view
- All Spaces Non-Smoking (public and private)
- Heating
- Family Rooms
- Non-smoking Rooms
Languages Spoken
- Swedish
- Norwegian
- English
- German
- Danish
Bed linen are not included in the room rate. Guests can rent them at the property for an additional charge of 150 NOK per person per stay or bring their own.
Consumption costs are not included in the room rate and will be charged according to guest use, within 3 weeks after check-out.
Please note that the full amount of the reservation is due before arrival. NOVASOL will send a confirmation with detailed payment information. After full payment is taken, the property's details, including the address and where to pick up the keys, will be sent to you by email.
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...I have delivered classes online. I and a colleague designed the Math Methods course to emphasize the rigor and depth of the Common Core Standards, and I have attended several conferences on Common Core implementation and assessment. In developing and teaching these courses, I have been well served by my graduate education in Atmospheric Sciences, Mathematics, and Education.
Bellingham, WAView Tutor
...I studied learning, development and coaching throughout my undergraduate education and apply these concepts to structure efficient learning opportunities. I want to instill in my students that there is nothing to fear about math. Success is readily accessible!
Mount Vernon, WAView Tutor
...I will help you with the technology aspect without charging for extra time and I offer free e-mail support. Contact me today!Prealgebra is the foundation for all upper level math and as such it is incredibly important for a student to fully understand prealgebra concepts. I enjoy helping studen...
Everett, WAView Tutor
...I have a programming certificate and worked as a software engineer and web developer before. I can simplify the general computer terms for you, making them easier to understand and more interesting to learn. I'd always like to make geometry interesting and easy to learn.
Lynnwood, WAView Tutor
...I am currently a design engineer for The Boeing Company and have a Bachelor's and Master's degree in engineering. I have been tutoring friends, family, and classmates for as long as I can remember so I figured I should probably try getting paid for it for a change. My strong points would be Mat...
Seattle, WAView Tutor


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#4 - abacongirl
Reply +68 123456789123345869(12/22/2012) [-]
I'm the only one left. I survived by building a mountain of hockey sticks on top of Mount Logan. I'm stuck up here with a polar bear. I'm sorry for making you think about me. The polar bear says he's sorry too.
The wifi is ******* EXCELLENT though.
The wifi is ******* EXCELLENT though.
#95 to #26 - abacongirl
Reply 0 123456789123345869(12/22/2012) [-]
Still free.