Lane

MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS

Plaintiffs James and Dawna Lane brought this action against defendants Vitek Real Estate Industries Group dba Vitek Mortgage Group (“Vitek”), Mortgage Electronic Registration Systems, Inc. (“MERS”), Aurora Loan Services, Inc. (“Aurora”), CitiMortgage, Inc. (“CMI”), and Cal-Western Reconveyance Corporation (“CWRC”) alleging various federal and state claims arising out of plaintiffs’ mortgage transaction. Presently before the court are defendants Vitek and CMI and MERS’s motions to dismiss the First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. Factual and Procedural Background

On July 17, 2003, plaintiffs obtained a loan from Vitek to refinance their home, located at 8442 West Hidden Lakes Drive in Granite Bay, California. (FAC Ex. 1.) This loan was secured by a Deed of Trust on the property. (Id.) The Deed of Trust listed Fidelity National Title Company as trustee, Vitek as lender, and MERS as the nominal beneficiary for the lender and the lender’s successors and assigns. (Id.) At the time of consummation of the loan, defendants allegedly falsely represented to plaintiffs that plaintiffs were…