Mayans

Mayans v. Specialized Loan Servicing, LLC

Good Law
United States District Court, Southern District of CaliforniaFebruary 5, 20203:19-cv-01681California1,222 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARIO E. MAYANS Case No.: 19-cv-01681 W (BGS)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS [DOC. 2] SPECIALIZED LOAN SERVICING,

LLC,

15 Defendant. 16 17 Pending before the Court is Defendant’s motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (Def.’s Mot. [Doc. 2].) The Court decides the matter on the papers submitted and without oral argument. Civ. L.R. 7.1(d)(1). For the reasons stated below, the Court GRANTS Defendant’s Motion to Dismiss [Doc. 2] WITH LEAVE TO AMEND. 23 I. BACKGROUND In 2003, Plaintiff Mario E. Mayans purchased the parcel of real property at 1027 10th Avenue, #3A in San Diego, California (the “Property”). (Compl.1 ¶ 7, Ex. A.) In

28 2004, Plantiff refinanced the loan from National City Mortgage for $560,000, which was secured by a deed of trust for the senior lien on the property. (Id. ¶ 8.) In 2005, Plaintiff 3 …

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