Ghalehtak

Defendants Fay Servicing, LLC ("Fay") and MTC Financial Inc. dba Trustee Corps ("Trustee Corps") move to dismiss Plaintiffs' First Amended Complaint ("FAC"), which seeks an order restraining Defendants from pursuing foreclosure proceedings with respect to Plaintiffs' property and a declaratory judgment regarding the Defendants' legal rights to Plaintiffs' property. The matter came on for hearing on February 1, 2018. For the reasons stated at the hearing and below, Defendants' request is GRANTED .

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Complaint and Temporary Restraining Order

Plaintiffs bring causes of action under the federal Fair Debt Collection Practices Act ("FDCPA"), see 15 U.S.C. § 1692 , et seq. , California's Homeowner Bill of Rights ("HBOR"), see Cal. Civ. Code § 2924 , et seq. , California's Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 , et seq. , and under the common law for cancellation of a written instrument and negligent misrepresentation. The gravamen of these claims is that Defendants Fay and Trustee Corps lack clear title to Plaintiffs' residence and have not complied with various California procedural requirements, and, therefore, they lack the…