Prior
Prior v. Tri Counties Bank (In re Prior)
Opinion
Lead Opinion
Holman, J.
MEMORANDUM DECISION
This matter was reopened for supplemental briefing by order entered August 20, 2014, and deemed resubmitted on September 6, 2014. The court now issues the following decision on the merits of the motion.
For the reasons set forth herein, the plaintiff debtor’s opposition is overruled. The motion is granted. All claims for relief in the plaintiff debtor’s complaint are dismissed without leave to amend based on the court’s lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1).
I. BACKGROUND
Debtor William Prior and his wife, Ly-nair Prior, acquired real property located at 750, 760, 770 and 780 Lincoln Way, Auburn, California (“Property 1”). On or about December 1, 2005, the Priors were parties to a lease with Citizens Bank of Nevada County (“Citizens Bank”), pursuant to which Citizens Bank had agreed to lease portions of Property 1 for use as a bank branch.
In or about January 2006, the debtor and Citizens entered into the following agreements:
Neither of the deeds of trust related to Loan 1 or Loan 2 specifically references the Lease. The Lease does not specifically reference Loan 1 or Loan 2 or any document related thereto.