Rivera

Rivera v. BAC Home Loans Servicing, L.P.

Good Law

756 F. Supp. 2d 1193·2010 WL 4916405·2010 U.S. Dist. LEXIS 123694

United States District Court, Northern District of CaliforniaNovember 22, 2010Case C 10-02439 RSCalifornia4,379 words

Opinion

Seeborg, J.

ORDER GRANTING MOTION TO DISMISS

I. INTRODUCTION

Plaintiffs Jason and Mikala Rivera filed their original complaint on June 2, 2010, alleging thirteen claims for relief, and on June 4, 2010 filed an emergency motion for a temporary restraining order (“TRO”) enjoining defendants ReconTrust Company, N.A. (“ReconTrust”) and BAC Home Loans Servicing, LP (“BAC”) from conducting a trustee’s sale of plaintiffs property located at 153 Smith Street, Alamo, California, 94507 (the “Property”). This Court issued the TRO along with an order to show cause why a preliminary injunction should not be granted. After a hearing, the Court denied plaintiffs’ request for a preliminary injunction. Defendants then filed a motion to dismiss, after which plaintiffs filed a First Amended Complaint (“FAC”) on August 3, 2010 alleging seven claims for relief. Defendants have filed a supplemental memorandum of points and authorities in support of their motion to dismiss, which the Riveras have opposed. For the reasons stated below, the motion to dismiss is granted without leave to amend.

II. BACKGROUND

In the FAC, the Riveras allege that, on August 18, 2006, they purchased the Property after negotiating a…

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