Rosal

Rosal v. First Federal Bank of California

Good Law

671 F. Supp. 2d 1111·2009 WL 2136777·2009 U.S. Dist. LEXIS 60400

United States District Court, Northern District of CaliforniaJuly 15, 2009C 09-1276 PJHCalifornia10,815 words

Opinion

Hamilton, J.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

Before the court is a motion to dismiss filed by defendants First Federal Bank of California (“FFB”), Seaside Financial Corporation (“Seaside”), T.D. Service Company (“T.D.”) and All Phase Brokers (“All Phase”). Also before the court is a motion to dismiss filed by defendant ServiceLink. Plaintiff Jeffery Rosal (“plaintiff’) opposes the motions. The court finds these matters suitable for resolution without oral argument pursuant to Civil Local Rule 7-1(b). Having read the parties’ papers and considered the relevant legal authority, the court hereby GRANTS defendants’ motions to dismiss, for the reasons stated below.

BACKGROUND

This action arises out of a non-judicial foreclosure sale of real property purchased by plaintiff. Plaintiff is a resident of Alameda County and purchaser of real property located at 35114 Adriano Street, Fremont, California 94536 (the “property”). First Amended Complaint (“FAC”) ¶¶ 2, 11. Plaintiff financed the acquisition of the property by executing an Adjustable Rate Mortgage Note, promising to pay FFB $508,000. Id. ¶¶ 2, 22-23; ServiceLink’s Request for Judicial Notice (“RJN”), Exh. A. The Note is secured…

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