Foley

Foley v. US Bank National Association

Good Law
United States District Court, Northern District of CaliforniaSeptember 12, 20233:23-cv-00877California511 words

Opinion

Trial Court Opinion

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. 35 et al., Defendants.

The motion to dismiss is granted because the complaint does not plausibly state a claim for relief. As to satisfaction of mortgage, Foley has not included enough factual detail suggesting that Truman Trust benefited from mortgage-insurance coverage or that it ever collected any mortgage-insurance payouts. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). And Foley offers no authority for his theory that the alleged payouts cured his default, satisfied his obligations under the deed of trust, or permit him to recover damages for Truman Trust’s alleged failure to record a satisfaction of mortgage. See Tapia v. U.S. Bank, N.A., 718 F. Supp. 2d 689, 698–99 (E.D. Va. 2010); Dabney v. Countrywide Home Loans, Inc., 428 Fed. Appx. 474, 476–77 (5th Cir. 2011). As to breach of contract, Foley does not include enough factual detail to support the basic elements of this claim either. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544,…

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