Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 313 Filed 12/O4/20819
UNITED STATES DISTRICT COURT il" D I
DISTRICT OF CONNECTICUT '`’' I
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INDYMAC BANK, F.S.B. I
Plaintiff CIVIL ACTION NO. I
3:00CV835 (CFD)
v. I
MOSTAFA REYAD AND WAFA REYAD ’
Defendants
DATE: DECEMBER 3, 2003
DEFENDANT WAFA REYAD’S MOTION TO DISMISS
Defendant Wafa Reyad hereby respectfully moves this Court to Dismiss Count Two of I
the Amended Complaint against her. Defended obtained on November 24, 2003 evidence I
that Plaintiff namely Warehouse Lending Corporation of America lacks capacity to sue.
Pursuant to Cal. C. Civ. Proc. section 430.I0(b) “The person who filed the pleading
does not have the legal capacity to sue"; pursuant to Fed. R. Civ. P. Rule 12(b)(6); and
pursuant to the authority of United Medical Management Ltd v. Gatto (1996) 49 Cal.
App. 4th 1732, 1740 [57 Cal. Rptr. 600], Plaintiff lacks capacity to sue, accordingly,
Defendant entitles to Dismissal and ajudgment in her favor against Plaintiff. _
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I . - Case 3:00-cv-00835-CFD Document 313 Filed 12/O4/2003 Page 2 0f 3 I
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Wafa Reyad without waiving any prior defense; was deirauded by the Credit Guaranty .
which stipulates that, she is an owner of Federal Mortgage Company of Connecticut, and
she was never an owner, Defendant admits execution of Credit Guaranty (Individual) on I
December 6, 1996 and on November 10, 1998 to the benefit of Warehouse Lending I
Corporation of America "WLCA”, however, the evidence provided in the accompanied I
memorandum of law in support of this motion, and in the accompanied motion to dismiss
filed concurrently by her husband Mustafa Reyad and its memorandum, show without
any reasonable doubt that Plaintiff lacks capacity to sue, has shown no right to relief and I
Wafa Reyad is entitle to a judgment in her favor against Plaintiff as a matter of law. _ =
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CONCLUSION
The Honorable Court should Grant this Motion and Dismiss Count Two in favor of Wafa I
Reyad and against Plaintiff as a matter of law.
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Case 3:00-cv-00835-CFD Document 313 Filed 12/O4/2003 Page 3 of 3 i
The Defendant
Wafa Reyad 1
By: M
3 3 B E1. `
2077 Center Avenue # 22D
Fort Lee, NJ 07024 '
(201) 585-0562 I
1
CERTIFICATION R
The Undersigned certifies that he mailed a true and correct copy of this Motion to 1
Attomey David Schaefer 271 Whitney Avenue, New Haven, CT 06511.
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