Sandri

Sandri v. Capital One, N.A. (In re Sandri)

Good Law
501 B.R. 369
United States Bankruptcy Court, Northern District of CaliforniaNovember 5, 2013Bankruptcy Case No. 12-31854DM; Adversary Proceeding No. 13-3165DMCalifornia4,550 words

Opinion

Lead Opinion

Montali, J.

Chapter

MEMORANDUM DECISION ON THE MOTION OF CAPITAL ONE AND MERS TO DISMISS ADVERSARY PROCEEDING UNDER RULE 7012

On August 30, 2013, the court held a hearing on the motion of Capital One, N.A. (“Capital One”), U.S. Bank, as Trustee for Chevy Chase Mortgage Funding LLC Mortgage-Backed Certificates, Series 2006-1 Trust (“U.S. Bank”), and Mortgage Electronic Registration Systems, Inc. (“MERS”) (collectively, “Defendants”) to dismiss the adversary complaint (“MTD”) filed against them by plaintiff Cheryl San-dri (“Debtor”). The parties each filed supplemental briefs on September 9, 2013, and the court took the MTD under advisement. For the reasons set forth below, the court is GRANTING the MTD.

*371 I. BACKGROUND

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as time, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007)). When deciding a motion to dismiss, the court considers “only allegations contained in the pleadings, exhibits attached to the…

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