Bush
Bush v. Loanstar Mortgagee Services, L.L.C.
Opinion
Opinion
Conti, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
I. INTRODUCTION
On November 25, 2002, Plaintiffs filed this class action alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and the California Unfair .Business Practices Act (CUBPA), California Business and Professions Code § 17200 et seq. Now pending before this Court is Defendant’s motion, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss this case for failure to state a claim for which relief can be granted. For the reasons set forth below, this Court GRANTS Defendant’s motion.
II. BACKGROUND
Defendant is a debt collection agency. Plaintiffs are husband and wife who, in 1999, borrowed $384,000.00 from Bank of America, N.A. (Creditor) to purchase a home in Livermore, California. As security for Plaintiffs’ obligation to repay this loan, Plaintiffs executed a deed of trust to the home in favor of Creditor. Eventually, Plaintiffs defaulted on the loan, and Creditor elected, pursuant to the deed of trust, to sell Plaintiffs’ home to satisfy Plaintiffs’ loan obligation.
Creditor then hired Defendant to attempt to collect from Plaintiffs the amount due on the loan. In this…