MEMORANDUM DECISION ON MOTIONS TO DISMISS SECOND AMENDED COMPLAINT MARGARET M. MANN, Bankruptcy Judge. I. INTRODUCTION The Court has considered the Motions ("Motions") to Dismiss the Second Amended Complaint ("SAC") of debtor and plaintiff Cirilo E. Cruz 1 ("Cruz") brought pursuant to Fed. R. Bankr.P. 7012, incorporating by reference Fed. R.Civ.P. 12(b)(6), by Defendants Aurora Loan Services ("Aurora"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and ING Bank, F.S.B. ("...
MEMORANDUM DECISION ON MOTION FOR JUDGMENT ON THE PLEADINGS LOUISE DE CARL ADLER, Bankruptcy Judge. I. INTRODUCTION South Bay Expressway, L.P. and California Transportation Ventures, Inc. (collectively "Debtor") filed this adversary proceeding against the County of San Diego ("County"), seeking recovery of almost $14 million in property taxes paid to the County between 2007-2010 and ordering the County to assess no further taxes on its property. 1 The Debtor's property is a possessory...
AMENDED MEMORANDUM DECISION RE MOTION FOR RELIEF FROM AUTOMATIC STAY MARGARET M. MANN, Bankruptcy Judge. US Bank National Association ("US Bank"), Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB2, nonjudicially foreclosed on the residence of Debtor Eleazar Salazar ("Salazar"), by exercising the power of sale under the deed of trust. At the time it foreclosed, U.S. Bank was not the original beneficiary of record, and it had not recorded an assignment of the deed...
