PORTNER v. SPECIALIZED LOAN SERVICES, LLC, 15-cv-01736-VC. (2016)
Court: District Court, N.D. California
Number: infdco20160727c06
Visitors: 1
Filed: Jul. 26, 2016
Latest Update: Jul. 26, 2016
Summary: ORDER GRANTING MOTION TO DISMISS AND MOTION FOR JOINDER Re: Dkt. Nos. 85, 89 VINCE CHHABRIA , District Judge . NBS Default Services, LLC's motion for joinder in the motion to dismiss is granted, and the motion to dismiss is granted with leave to amend. The Portners' defamation claim is dismissed because they haven't alleged malice in anything other than conclusory fashion. See Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 , 1166-69 (9th Cir. 2009). Their claims for wrongful foreclosur
Summary: ORDER GRANTING MOTION TO DISMISS AND MOTION FOR JOINDER Re: Dkt. Nos. 85, 89 VINCE CHHABRIA , District Judge . NBS Default Services, LLC's motion for joinder in the motion to dismiss is granted, and the motion to dismiss is granted with leave to amend. The Portners' defamation claim is dismissed because they haven't alleged malice in anything other than conclusory fashion. See Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 , 1166-69 (9th Cir. 2009). Their claims for wrongful foreclosure..
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ORDER GRANTING MOTION TO DISMISS AND MOTION FOR JOINDER Re: Dkt. Nos. 85, 89
VINCE CHHABRIA, District Judge.
NBS Default Services, LLC's motion for joinder in the motion to dismiss is granted, and the motion to dismiss is granted with leave to amend. The Portners' defamation claim is dismissed because they haven't alleged malice in anything other than conclusory fashion. See Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1166-69 (9th Cir. 2009). Their claims for wrongful foreclosure and cancellation of instruments are dismissed because they haven't plausibly alleged a set of facts that would render the assignment of the deed of trust void, as opposed to merely voidable. See Yvanova v. New Century Mortgage Corp., 365 P.3d 845, 861 (Cal. 2016). And the Portners don't oppose dismissal of their RESPA claim concerning force-placed hazard insurance.
If the Portners wish to file an amended complaint, they may do so within 14 days of this order.
IT IS SO ORDERED.
Source: Leagle
