Lombard Flats LLC v. JP Morgan Chase Bank N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division LOMBARD FLATS LLC, et al., Case No. 22-cv-05686-LB

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

FAY SERVICING LLC, et al., Re: ECF No. 42 Defendants. 16 INTRODUCTION This is a mortgage-debt-collection dispute concerning the mortgage loan on the property located at 949 Lombard Street in San Francisco. Plaintiffs Lombard Flats LLC (the mortgage borrower) and New Owners Group LLC (the title holder) sued Fay Servicing LLC (the current loan servicer) and U.S. Bank Trust National Association (the holder of the mortgage note and deed of trust), asserting twelve claims in connection with the debt-collection practices of Fay and J.P. Morgan Chase (a previous loan servicer that used to be a defendant in this case).1 The defendants moved to dismiss all claims under Federal Rules of Civil Procedure 9(b) (for failure to plead fraud …