Davenport

Davenport v. Litton Loan Servicing, LP

Good Law
725 F. Supp. 2d 862·2010 WL 3218592·2010 U.S. Dist. LEXIS 71561
United States District Court, Northern District of CaliforniaJuly 16, 2010C 10-0679 RSCalifornia9,829 words

Opinion

Opinion

Seeborg, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

This is a case about a home. The parties are before this Court because they fundamentally disagree as to who may claim the legal entitlement to it. Plaintiff advances twenty-six causes of action against her original lender, First Financial & Real Estate Services (“First Financial”), the current servicer of her loan, Litton Loan Servicing, LP (“Litton”), the original trustee, Credib-Based Asset Servicing and Securitization, LLC (“C-BASS”), the company who purchased her home at foreclosure sale, U.S. Bank, North America (“U.S. Bank”), and others. Among her federal claims are alleged violations of the Truth In Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., and the Federal Regulations thereto as well as the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. She also raises numerous other claims grounded on California statutory and common law. Defendants Litton, C-Bass and U.S. Bank move to dismiss.

II. RELEVANT FACTS

The property in dispute is located at 2836 Canterbury Drive in Richmond, California. Plaintiff Karol Davenport resides there. In 2006, Davenport was sixty-two years old. She was then…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.