Walker

INTRODUCTION

18 This dispute concerns the modification of a residential-mortgage loan. In 2017, Ditech 19 Financial, LLC approved a trial plan that required the plaintiffs Leslie and Elahe Walker to make 20 three monthly payments, and then the loan modification would be permanent. The plaintiffs made 21 the three payments and all monthly payments thereafter and now (apparently) challenge the 22 alleged failure of the successor servicers — defendants Bayview Loan Servicing, LLC and Bank 23 of America, N.A. — to permanently modify the loan. They assert claims for breach of contract, 24 breach of the implied covenant of good faith and fair dealing, negligence, intentional infliction of 25 emotional distress, and violations of California’s Unfair Competition Law (“UCL”), California 26 27 1 Business and Professions Code § 17200.1 Bayview moved to dismiss the complaint on the grounds 2 that (1) the plaintiffs did not plausibly plead damages for their claims of breach of contract and the 3 implied covenant of good faith and fair dealing, (2) the plaintiffs did not plausibly plead breach of 4 a duty or negligence per se, (3) the plaintiffs did not allege the outrageous and…