Meyer
Meyer v. One West Bank, F.S.B.
Opinion
Lead Opinion
Pregerson, J.
*1179 ORDER GRANTING MOTIONS TO DISMISS
Presently before the court are two separate motions to dismiss filed by Defendants One West Bank, F.S.B. (“OneWest”) and American Security Insurance Company (“ASIC”). Having considered the submissions of the parties, the court grants the motions and adopts the following order.
I. Background
In January 2007, Plaintiff obtained a mortgage loan that was eventually acquired by OneWest. (Complaint ¶ 25.) The Deed of Trust securing that loan requires Plaintiff to maintain hazard insurance, including earthquake and flood insurance. (Id. ¶ 26.) The deed also includes a force-placed insurance provision, which reads:
(Compl. ¶ 26.)
On March 16, 2012, OneWest force-placed Plaintiff into insurance provided by Defendant ASIC, retroactive to December 16, 2011. (Compl. ¶ 30.) OneWest withdrew premiums for the ASIC policy from Plaintiffs escrow account, then required her to make additional payments to replenish the escrow account. (Id. ¶ 32.) Plaintiff acquired her own insurance on April 13, 2012, apparently to OneWest’s satisfaction. (Id. ¶¶ 31-32.) OneWest returned some amount to Plaintiffs escrow account, but retained a portion of the premiums paid…