(PS) Matthews v. Caliber Home Loans
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DESMAL S. MATTHEWS, No. 2:19-cv-2463-KJM-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS
AND ORDER ON DEFENDANTS’
v. MOTION TO DISMISS AND PLAINTIFF’S
MOTION FOR PRELIMINARY
CALIBER HOME LOANS., et al. INJUNCTION Defendants. (ECF Nos. 13, 16.) 15 Plaintiff alleges multiple fraud–type claims under California law concerning his home and residential mortgage. (ECF No. 9.) Defendants have moved dismiss all claims with prejudice, and Plaintiff has moved for a preliminary injunction to halt the upcoming trustee sale. (ECF Nos. 13, 16.) Given the impending deadlines and interconnected nature of these motions, the Court now takes each under submission without oral argument, pursuant to Local Rule 230(g). For the reasons discussed below, the Court recommends:
22 (I) The case be dismissed with prejudice, as: (A) “Forgery” is not a civil claim and all fraud claims are time barred; (B) Plaintiff lacks…