Patera

Patera v. Citibank, N.A.

Good Law
79 F. Supp. 3d 1074·2015 WL 510891·2015 U.S. Dist. LEXIS 14065
United States District Court, Northern District of CaliforniaFebruary 5, 2015Case No. 14-cv-04533-JSCCalifornia6,585 words

Opinion

Lead Opinion

Corley, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Re: Dkt. No.

Plaintiff Marci Patera brings this action seeking to prevent foreclosure of her home. She sues Defendants Citibank, N. A., and CitiMortgage, Inc. (together, “Defendants”). Now pending before the Court is Defendants’ Motion to Dismiss. (Dkt. No. 11.) Defendants seek to dismiss Plaintiffs First Amended Complaint (“FAC”) for failure to state a claim upon which relief can be granted and for failure to join a necessary and indispensable party. After carefully considering the arguments and briefing submitted, the Court concludes that oral argument is unnecessary, see Civ. L.R. 7 — 1(b), and GRANTS Defendants’ motion to dismiss with leave to amend.

FACTUAL & PROCEDURAL BACKGROUND

Plaintiff and her ex-significant other Roy Bartlett (“Bartlett”) purchased the subject property located at 308 Iron Horse Court, Alamo, California in 1999. (Complaint at ¶ 14.) The purchase was financed through a $1,000,000 loan from Citibank Service Corporation which was subsequently assigned to Defendant CitiMort-gage. (Id.; Dkt. No. 13-1 at 15.) 1 Plaintiff and Bartlett subsequently took out two additional mortgages in 2004 and 2005 for $449,500…

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