Shepardson

Shepardson v. U.S. Bank Trust National Association, as Trustee for Bungalow Series IV Trust

Good Law
United States District Court, Northern District of CaliforniaJuly 3, 20245:23-cv-05497California5,427 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN SHEPARDSON, Case No. 23-cv-05497-NC Plaintiff,

ORDER GRANTING

v. DEFENDANTS’ MOTION TO

DISMISS THE SECOND AMENDED

U.S. BANK TRUST NATIONAL COMPLAINT

ASSOCIATION, AS TRUSTEE FOR

BUNGALOW SERIES IV TRUST, et Re: Dkt. Nos. 38, 39, 41 al., 15 Defendants. 16 Defendants U.S. Bank Trust National Association (US Bank) and SN Servicing Corporation (SN) move to dismiss Plaintiff John Shepardson’s second amended complaint (SAC). Like Plaintiff’s previous complaint, the SAC alleges thirteen causes of action centered around Defendants’ allegedly wrongful collection of a balloon payment loan. These claims rely on an alleged mutual agreement between the parties and promise by US Bank not to collect on the balloon payment in lieu of monthly payments. Because the SAC fails to allege sufficient facts to state a claim under any cause of action, the Court GRANTS Defendants’ motion to dismiss the SAC. The Court dismisses without leave to…

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