Rosenfeld

ORDER RE DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

I. INTRODUCTION

Before the Court is Defendants JPMorgan Chase Bank, N.A. (“Chase”), California Reconveyance Company (“CRC”), and Bank of America, N.A.’s (“BofA”) (collectively “Defendants”) motion to dismiss Plaintiff’s First Amended Complaint. (Dkt. # 10.) After consideration of the parties’ papers, relevant legal authority, and good cause appearing, the Court ORDERS as follows.

II. BACKGROUND

In late July 2006, Plaintiff Paul E. Rosenfeld (“Plaintiff”) obtained a mortgage loan in the amount of $987,000.00 (“first loan”) in connection with the property located at 2811 Monte Cresta Drive, in Belmont, California (“the Subject Property”). (Defs.’ Mot. 1:17-18, Dkt. #10; Pl.’s Opp’n 3:16-17, Dkt. # 13.) The first loan was secured by a Deed of Trust (“first DOT”) recorded on July 27, 2006 with the San Mateo County Recorder’s Office as instrument number 2006-112029. (Request for Judicial Notice (“RJN”), Ex. 1, Dkt. # 11.) The first DOT of trust identifies Washington Mutual Bank (“WaMu”) as the lender, CRC as the trustee, and Plaintiff as the borrower. Id. Attached to the first DOT is an Adjustable Rate…