Manwarren

Manwarren v. MEB Loan Trust IV, U.S. Bank National Assoc.

Good Law
United States District Court, Eastern District of CaliforniaJune 1, 20232:22-cv-01819California2,112 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KATHERINE A. MANWARREN, No. 2:22-cv-1819-KJN Plaintiff, ORDER v. (ECF No. 4.) MEB LOAN TRUST IV, U.S. BANK N/A, et al. 15 Defendants. 16 Plaintiff Katherine A. Manwarren filed this wrongful foreclosure action in Solano County Superior Court in July of 2022. (ECF No. 1 at 2.) Defendants Specialized Loan Servicing and MEB Loan Trust IV removed to this court and move to dismiss. (ECF No. 4.) Defendants contend, among other things, that the action is barred on res judicata grounds due to a prior judgment in an unlawful detainer action. (Id.) Plaintiff opposes, arguing she was not able to fully litigate the issue of title in the prior proceedings. (ECF No. 13.) Defendants reply that, while true the issue of title was not raised in the unlawful detainer action, plaintiff could have done so but chose not to appear for those proceedings, resulting in a default judgment. (ECF No. 16.) For the reasons that follow, defendants’ motion is…

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.