Lombard Flats LLC v. JP Morgan Chase Bank N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division LOMBARD FLATS LLC, et al., Case No. 22-cv-05686-LB

Plaintiffs,

ORDER GRANTING SUMMARY

v. JUDGMENT

FAY SERVICING LLC, et al., Re: ECF No. 118 Defendants. 16 INTRODUCTION This is a debt-collection dispute concerning the mortgage loan on the property located at 949– 953 Lombard Street in San Francisco. Plaintiffs Martin Eng and Lombard Flats LLC sued defendant Fay Servicing LLC (the current loan servicer). There are two surviving claims, both based on Fay’s attempts to collect on the defaulted loan: (1) a violation of the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692e, and (2) a violation of the Rosenthal Fair Debt Collection Practices Act (RFDCPA), Cal. Civ. Code § 1788.17.1 Fay moved for summary judgment on the grounds that (1) the plaintiffs lack standing because only the bankruptcy trustee

1 Second Am. Compl. (SAC) –…