Mayans
Mayans v. Specialized Loan Servicing, LLC
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 …