White
White v. America West Lender Services LLC
Opinion
Trial Court Opinion
BACKGROUND
Factual History2
23 1 Defendants Chase Bank and MERS alternatively moved for a more definitive statement. That motion is DENIED as moot.
2 Some of these facts are drawn from the SAC and others are drawn from defendants’ seven 25 exhibits filed along with their requests for judicial notice. See Request for Judicial Notice 1 (“RJN 1”) Dkt. No. 23; and Request for Judicial Notice 2 (“RJN 2”) Dkt. No. 25. These documents 26 consist of publicly recorded documents related to the loan and deed of trust at issue in this case, and concern the chain of title of the deed during the relevant period. Because these documents are 27 critical to defendants’ Federal Rule of Civil Procedure 12(b)(1) challenge addressed below, I On July 6, 2004, nonparty Gordon W. White (Mr. White’s father) died, intestate. SAC ¶¶ 1 19, 118. Prior to his death, Gordon White obtained a home loan for $90,000 secured by a property located at 3063 Simas Avenue in Pinole, California located in Contra Costa County (“the property”) through a deed of trust. SAC ¶¶ 7–8, 11–12. At the time of Gordon White’s death, 5 non-party New Century Title Company was the trustee on the deed…