Myrette-Crosley

Myrette-Crosley v. Ditech Financial LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 29, 20223:20-cv-01851California618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FAYE MYRETTE-CROSLEY, Case No. 20-cv-01851-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 46 FAY SERVICING, LLC, et al., Defendants.

12 Plaintiff Faye Myrette-Crosley sued defendants US Bank Trust National Association and Fay Servicing LLC on multiple California state law claims related to “handling her loan, her loan modification, and payments toward her loan balance” for property she owns in Richmond, California. Dkt. No. 37 ¶¶ 1-2. Myrette-Crosley’s lawyer was allowed to withdraw, Dkt. No. 55, and Myrette-Crosley appears to be acting pro se. For the second amended complaint (SAC), defendants jointly ask to dismiss for failure to state a plausible claim under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 46. The parties’ familiarity with the record is assumed, and the motion is granted. Defendants’ request for judicial notice, Dkt. No. 47, is denied, and the Court did not rely on the proffered materials here. The main problem with the…

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