Lansdown

Lansdown v. Bayview Loan Servicing, LLC

Good Law
United States District Court, Northern District of CaliforniaApril 12, 20233:22-cv-00763California7,464 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 MELISSA LANSDOWN, Case No. 22-cv-00763-TSH

Plaintiff,

ORDER RE: MOTIONS TO DISMISS

v. Re: Dkt. Nos. 59, 63 BAYVIEW LOAN SERVICING, LLC, et al., 13 Defendants. 14 I. INTRODUCTION Melissa Lansdown brings this breach of contract case against Bayview Loan Servicing, LLC, Newrez, LLC dba Shellpoint Mortgage Servicing, LLC, Bank of America, N.A. (“BANA”), and the Bank of New York Mellon related to the financing of real property located at 1670 Chiquita Road, Healdsburg, California 95448 (the “Property”). Pending before the Court are a Motion to Dismiss filed by BANA (ECF No. 59, “BANA Mot.”) and a Motion to Dismiss filed by Bayview, Shellpoint and the Bank of New York Mellon (ECF No. 63, “Bayview Mot.”), both pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court finds these matters suitable for disposition without oral argument and VACATES the April 13, 2023 hearing. For the reasons stated below, the Court GRANTS IN PART…

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