Champlaie

Champlaie v. BAC Home Loans Servicing, LP

Good Law
706 F. Supp. 2d 1029·2009 WL 3429622·2009 U.S. Dist. LEXIS 102285
United States District Court, Eastern District of CaliforniaOctober 22, 2009Civ. S-09-1316 LKK/DADCalifornia15,852 words

Opinion

Opinion

Karlton, J.

ORDER

This case concerns plaintiffs mortgage and the potential foreclosure premised on an asserted default. Plaintiffs first amended complaint (“FAC”) names eight defendants and ten causes of action, many of which incorporate multiple theories of liability. Four defendants have moved to dismiss all claims against them, and to strike portions of the FAC.

Stepping back from the multitude of particular arguments, defendants’ primary challenge is that plaintiff fails to provide the notice as to the basis of his claims that is required by the Supreme Court’s recent decisions in Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) and Bell Atlantic v. Twombly, 550 U.S. 544 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). Defendants’ motion therefore com pels the court to discuss these two cases in the context of the foreclosure cases currently flooding the district courts. As explained below, the court concludes that in numerous ways, plaintiffs complaint falls short of these requirements established by those cases.

A second broad issue is plaintiffs attempt to cure these deficiencies in his opposition memorandum. Many claims in the complaint are mere blanket allegations of…

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.