Keen

Keen v. American Home Mortgage Servicing, Inc.

Good Law

664 F. Supp. 2d 1086·2009 U.S. Dist. LEXIS 100803

United States District Court, Eastern District of CaliforniaOctober 21, 2009CIV. 2-09-01026 FCD/KJMCalifornia6,825 words

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on defendants Sand Canyon Corporation frk/a Option One Mortgage Corporation (“Option One”), T.D. Service Company (“T.D.”), American Home Mortgage Servicing, Inc. (“AHMSI”), AHMSI Default Services, Inc. (“ADSI”), and Wells Fargo Bank, N.A. (‘Wells Fargo”) (collectively, “defendants”) motions to dismiss plaintiffs First Amended Complaint (“FAC”) pursuant to Fed. R.Civ.P. 12(b)(6), and motion to strike attorneys’ fees pursuant to Fed.R.Civ.P. 12(f). Plaintiff Cheri Keen (“plaintiff’) opposes the motions. For the reasons set forth below, defendants’ motion to dismiss is GRANTED.

BACKGROUND

In June 2006, plaintiff and her daughter discussed purchasing a new home in the Sacramento area. (First Am. Compl. (“FAC”), filed June, 29, 2009 ¶ 21.) Plaintiffs daughter suggested contacting “Sipriani,” a loan officer for Prime Equity Lending, Inc. that plaintiffs daughter knew through a friend. (Id.) Plaintiff claims that Sipriani solicited her to finance the residence through him, assuring her that he could get her the “best deal” and the “best interest rates.” (Id. ¶ 22.) Plaintiff also claims that Sipriani informed her the loan would be…

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.