Weifebach

(PS) Expose v. Weifebach

Good Law
United States District Court, Eastern District of CaliforniaNovember 24, 20212:21-cv-00699California950 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LINDA ROSE EXPOSE, Case No. 2:21-cv-00699-TLN-JDP (PS) Plaintiff, ORDER GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS

v. ECF No. 2 DIANE WIEFENBACH, et al.,

SCREENING ORDER

Defendants.

FINDINGS AND RECOMMENDATIONS

THAT THIS CASE BE DISMISSED AS

FRIVOLOUS

17 ECF No. 1

OBJECTIONS DUE WITHIN 14 DAYS

19 20 Plaintiff asserts that defendants violated the Fair Debt Collection Practices Act when foreclosing on her home mortgage through California’s unlawful detainer process. Plaintiff seeks injunctive relief to vacate foreclosure proceedings and have her debt discharged. Plaintiff also seeks $5.5 million in damages. Because the Fair Debt Collection Practices Act generally does not apply to mortgage foreclosures and this is one of many lawsuits that plaintiff has brought challenging her foreclosure, I find that this case should be dismissed as frivolous. 27 28 Plaintiff moves to proceed without…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.