Saldate
Saldate v. Wilshire Credit Corp.
Opinion
Opinion
O'Neill, J.
ORDER ON DEFENDANTS’ F.R.Civ.P. 12(b)(6) MOTION TO DISMISS (Doc. 18.)
INTRODUCTION
Defendants Wilshire Credit Corporation (“Wilshire”), Mortgage Electronic Registration Systems, Inc. (“MERS”) and Wells Fargo Bank (“Wells Fargo”) seek to dismiss as meritless, conclusory and time barred plaintiff George A. Saldate, Jr.’s (“Mr. Saldate’s”) statutory and common law claims arising from a “residential mortgage” for his Fresno property (“property”). Mr. Saldate filed no papers to oppose dismissal of claims against defendants. This Court considered defendants’ F.R.Civ.P. 12(b)(6) motion to dismiss on the record and VACATES the February 24, 2010 hearing, pursuant to Local Rule 230(c), (g). For the reasons discussed below, this Court DISMISSES this action against defendants.
BACKGROUND
Mr. Saldate’s Property Loan
On November 4, 2005, Mr. Saldate completed a loan for the property. The loan terms were memorialized in a promissory note which was secured by a deed of trust (“DOT”) on the property. The DOT was recorded on November 22, 2005 and identifies defendant WMC Mortgage Corp. (“WMC”) as lender, Westwood Associates as trustee, and MERS as beneficiary.