Tuan Anh Le v. Bank of New York Mellon
Opinion
Lead Opinion
Westmore, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
On April 28, 2014, Plaintiff Tuan Anh Le filed this action against Defendants Select Portfolio Servicing, Inc. (“SPS’’), ':Bank of New York Mellon (“BONY”), and Bank of -America alleging breach of contract and violations of the California Homeowner Bill of Rights. After the dismissal of Bank of America, Plaintiff amended his complaint to allege six causes of action against SPS and BONY (collectively “Defendants”). Before the Court is Defendants’ motion for summary judgment.. (Defs.’ Mot., Dkt. No. 75.)
On December 17, 2015, the Court held a hearing, and after careful consideration of the parties’ arguments," and rhoving papers, and for the reasons set forth below, the Court -GRANTS Defendants’ Motion for Summary Judgment.
I. BACKGROUND
On February 9, 2006, Plaintiff Tuan Anh Le refinanced his mortgage loan, secured by a deed of trust, with America’s Wholesale Lender for the Subject Property located at San Francisco, California. (Pi’s Req. for Judicial Not., “RJN,” Dkt. No. 79-3, Ex. 1.) Thereafter, Defendant Bank of America became the lender of Plaintiffs mortgage loan. (Decl. of Tuan Anh Le, “Le Deck,” Dkt. No. 79-1 ¶…