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

DENYING IN PART MOTION TO

v. DISMISS

FAY SERVICING LLC, et al., Re: ECF No. 58 Defendants. 16 INTRODUCTION This is a debt-collection dispute concerning the mortgage loan on the property located at 949 Lombard Street in San Francisco. Plaintiffs Martin Eng and Lombard Flats LLC sued defendants Fay Servicing LLC (the current loan servicer), U.S. Bank Trust National Association (the holder of the mortgage note and deed of trust), and VRMTG Asset Trust, asserting three 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 under Federal Rule of Civil Procedure 12(b)(6), mainly on the grounds that the loan is not a “consumer…