Foley

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID R. FOLEY, Case No. 23-cv-00877-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

US BANK NATIONAL ASSOCIATION, Re: Dkt. No. 7 et al., Defendants.

The motion to dismiss is granted. The complaint is mostly incoherent, and so it is difficult to assess Foley’s claims. It primarily offers only “threadbare recitals of a cause of action’s elements, supported by mere conclusory statements,” and so it is dismissed for that reason. Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). Accepting the defendant’s interpretation of the complaint, it seems highly unlikely that Foley could state a claim. Among other problems, Foley does not have standing to challenge defects in the securitization process because he is “not a party to those transactions and [is] not the victim[].” Hunt v. U.S. Bank, N.A., 593 F. App’x 730, 732 (9th Cir. 2015). The Note is not void just because there is a blank indorsement. See In re Lee, 408 B.R. 893, 899 (Bankr. C.D. Cal. 2009) (“If the indorsement does not specify a payee, it constitutes a ‘blank indorsement,’ as defined in CCC § 3205(b) (UCC §…