Estrada

Estrada v. Caliber Home Loans, Inc.

Good Law

172 F. Supp. 3d 1108·2016 WL 1237343·2016 U.S. Dist. LEXIS 45587

United States District Court, Central District of CaliforniaMarch 25, 2016Case No.: SACV 15-00976-CJC(PJWx)California3,770 words

Opinion

Lead Opinion

Carney, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Denise Estrada is a homeowner whose home mortgage loan is being serviced by Caliber Home Loans, Inc. After a notice of default (NOD) was entered on her home, Ms. Estrada filed suit against Caliber and Caliber’s trustee, Summit Management Company, LLC. This Court previously issued an order dismissing Ms. Estrada’s complaint with leave to amend. (Dkt. 16.) Ms. Estrada subsequently filed her First Amended Complaint (FAC), (Dkt. 19), which alleges breach of contract, promissory estoppel, 'a violation of the federal Real Estate Settlement Procedures Act (RES-PA), a violation of California’s Homeowners’ Bill of Rights (HBOR), and a violation of California’s Unfair Competition Law (UCL). Caliber and Summit (together, “Defendants”) have moved to dismiss all claims in Ms. Estrada’s FAC. For the reasons stated below, the Court DENIES Defendants’ motion with respect to Caliber and GRANTS with leave to amend Defendants’ motion with respect to Summit.

II. BACKGROUND

Ms. Estrada acquired the home at 1606 S. Gilbert Street in Fullerton, California (the “Property”) in 1998. (FAC ¶ 11.) In February 2007,…

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