Jensen

Jensen v. Quality Loan Service Corp.

Bad Law
702 F. Supp. 2d 1183·2010 WL 1136005·2010 U.S. Dist. LEXIS 26647
United States District Court, Eastern District of CaliforniaMarch 22, 201009-CV-01789 OWW-DLBCalifornia7,206 words

Opinion

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT

I. INTRODUCTION

Before the court is a motion to dismiss or, in the alternative, a motion for a more definite statement filed by Defendant JPMorgan Chase Bank, NA (“Defendant” or “JPMorgan”). The motion is directed at all claims asserted by pro se Plaintiff David E. Jensen (“Plaintiff’) in his First Amended Complaint (“FAC”) for damages, declaratory and injunctive relief. The following background facts are taken from the FAC and other documents on file in this case.

II. BACKGROUND

A. General Background And Procedural History

This is a mortgage fraud case concerning Plaintiffs residence in Bakersfield, California. On or about June 26, 2006, Plaintiff obtained a home loan from Washington Mutual Bank, F.A. (“WAMU”). (Doc. 2, Ex. 1 at 33.) WAMU subsequently assigned the loan, i.e., the Note and Deed of Trust, to JPMorgan Chase. (Id. at 29.) On February 17, 2009, a Notice of Default was recorded indicating that Plaintiff had defaulted on his monthly loan obligations. On May 18, 2009, a Notice of Trustee’s Sale was recorded and served on Plaintiff.

On June 5, 2009,…

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