Walters

MEMORANDUM AND ORDER

This matter is before the court on motions by defendants Ocwen Loan Servicing, LLC (“Ocwen”) and HSBC Bank U.S.A., N.A. (“HSBC”) (collectively, “defendants”), pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f), to dismiss and to strike certain claims alleged in plaintiff Deanna Walters’ (“plaintiff’) second amended complaint (“SAC”). In conjunction with their motion to dismiss, defendants request that the court take judicial notice of eight exhibits. Plaintiff opposes defendants’ motions. For the reasons set forth below, defendants’ motion to dismiss is GRANTED in part and DENIED in part, and their motion to strike is DENIED.

BACKGROUND

Plaintiffs claims arise out of conduct related to a residential mortgage loan transaction. (SAC, filed May 6, 2010, ¶ 10.) On or around October 22, 2004, plaintiff obtained a loan in the amount of $159,000 from Fidelity Mortgage of California, Inc. (“Fidelity”) on property located at 3602 Portage Circle South, Stockton, California (the “Property”). (Id. ¶¶ 10-12.) The loan was evidenced by a written promissory note and secured by a deed of trust, which named Cal-Western Reconveyance Corp. (“Cal-Western”) as…