Samson

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARILOU SAMSON, Case No. 20-cv-07714-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

SELECT PORTFOLIO SERVICING, INC., Re: Dkt. No. 47 et al., Defendants.

Select Portfolio Servicing’s motion to dismiss is granted. Claims 1, 2, and 6 are clearly precluded by the Court’s previous order (Dkt. No. 41). See also Ramos v. Wells Fargo Bank, N.A., 2018 WL 3036913, at *5 (N.D. Cal. June 19, 2018). As to claim 3, Samson has not adequately pled a violation of California Civil Code section 2924.11 or section 2924.10. In certain circumstances, section 2924.11 prevents a mortgage servicer from recording a notice of default or a notice of sale, as well as from conducting a trustee’s sale, when a foreclosure prevention alternative (such as a loan modification) has been approved. Cal. Civ. Code § 2924.11. But Samson has not pled that she executed a foreclosure prevention alternative. Indeed, Samson’s complaint makes clear that her application for a loan modification was not approved.1 In her opposition brief, Samson changes course and claims that she meant to cite section 2924.10. That…