Boruta

Boruta v. JPMorgan Chase Bank, N.A.

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20203:19-cv-07257California7,663 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MIREK BORUTA, et al., Case No. 19-cv-07257-WHO

Plaintiffs,

ORDER DENYING MOTION TO

v. REMAND AND GRANTING MOTION

TO DISMISS WITH PREJUDICE

JPMORGAN CHASE BANK, N.A., et al., Re: Dkt. Nos. 11, 32, 34 Defendants.

12 Plaintiffs Mirek and Maria Boruta (the “Borutas”) are serial bankruptcy filers and this is their second lawsuit against JP Morgan Chase N.A. (“Chase”) and Quality Loan Service Corporation (“Quality”) involving the April 2019 foreclosure of real property in Berkeley, California after the Borutas’ undisputed eleven-year default on their loan. I granted motions to dismiss in their initial lawsuit, expressing “skeptic[ism] that the Borutas have a viable claim against” Chase and Quality. Boruta et al v. JP Morgan Chase, N.A. et al, No. 19-cv-03164-WHO (“Boruta I”), 2019 WL 4010367, at *7 (N.D. Cal. Aug. 26, 2019). I nevertheless gave the Borutas leave to amend and “cautioned that they must bring plausible allegations that have some…

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