Vargas
Vargas v. JP Morgan Chase Bank, N.A.
Opinion
Lead Opinion
Wright, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS [10]
I. INTRODUCTION
. Plaintiff Daniel Vargas filed suit against Defendants Mortgage Electronic Registration Systems, Inc. (“MERS”), Citibank, N.A. (“CITI”), and Wilmington Trust, N.A. (“WTNA”) for violations of the Truth in Lending Act (“TILA”) and California’s Unfair Competition Law (“UCL”) for failing to disclose the assignment of his mortgage. MERS, CITI, and WTNA filed a motion to dismiss for failure to state a claim under TILA as Vargas’s Complaint was generally insufficient and the claims arising from the 2011 assignment are, time-barred.
For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion to Dismiss. 1 (ECF No. 10.)
II. FACTUAL BACKGROUND
On March 28, 2006, Vargas executed a non-negotiable promissory note and security interest in the form of a $1,000,000.00 Deed of Trust. (Compl. ¶¶ 14-15.)
On September 5, 2011, Defendant MERS transferred its creditor rights in *948 Vargas’s Deed of Trust to Defendant CITI by an Assignment of Deed of Trust (“Assignment 1”). (Id. ¶ 17.) Defendant California Reconveyance Company (“CRC”) recorded Assignment 1 on…