Barefield

Barefield v. HSBC Mortgage Services, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20231:21-cv-00613California12,194 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DEBRA BAREFIELD, ) Case No.: 1:21-cv-0613 JLT CDB ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTIONS ) TO DISMISS v. ) (Docs. 31, 33 and 39) ) HSBC MORTAGE SERVICES, INC., et al., ) ORDER DENYING PLAINTIFF’S MOTION TO ) STRIKE Defendants. ) (Doc. 46) )

Debra Barefield asserts she was the owner of a Deed of Trust of property located in Bakersfield, California, and the administrator of the estate of Thomas W. Hatch. She contends the defendants engaged in unlawful actions related to a foreclosure sale of her home, wrongfully evicted her, and are liable for intentional infliction of emotional distress. Barefield also brings a claim for quiet title and requests a subsequent Grant Deed be cancelled. (Doc. 17.) Defendants seek dismissal of all claims in the First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing the claims are barred by the doctrine of res judicata and Barefield fails…

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