Mountjoy
Mountjoy v. Bank of America, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CALVIN MOUNTJOY, No. 2:15-cv-02204-TLN-DB Plaintiff, v. ORDER BANK OF AMERICA N.A., SETERUS,
INC., FEDERAL NATIONAL
MORTGAGE ASSOCIATION, and
RECONTRUST
16 Defendants.
18 This matter is before the Court on Defendant Seterus, Inc.’s (“Defendant”) Motion to Dismiss Plaintiff's Third Amended Complaint (“TAC”). (ECF No. 50.) Plaintiff Calvin Mountjoy (“Plaintiff”) opposed the Motion. (ECF No. 59.) Defendant replied. (ECF No. 61.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendants’ Motion to Dismiss. /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND This action involves real property at 8647 Adamstown Way, Elk Grove, California. (ECF No. 49 at ¶ 5.) In or around 2012, Plaintiff filed a lawsuit (“Mountjoy I”) in the Superior Court of California, County of Sacramento against Bank of America, N.A. (“BANA”) for wrongful foreclosure of Plaintiff’s home…