Wright v. Chase Home Finance LLC et al

Filing 36

ORDER granting 32 defendant's Motion for Summary Judgment. The Clerk shall enter judgment. Signed by Judge Frederick J Martone on 3/8/12.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Laurie F. Wright,
Plaintiff,

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vs.

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Chase Home Finance LLC,
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Defendant.
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CV-11-00095-PHX-FJM
ORDER

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The court has before it defendant's motion for summary judgment (doc. 32) and

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separate statement of facts (doc. 33). Plaintiff has not responded and the time for responding

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has expired. Under LRCiv 7.2(i), "such non-compliance may be deemed a consent to the

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denial or granting of the motion and the Court may dispose of the motion summarily."

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Moreover, our review of defendant's motion supports granting summary judgment.

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This action arises from plaintiff's participation in the Home Affordable Mortgage Program

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Trial Period Plan concerning a possible loan modification with defendant.1 At this stage,

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only plaintiff's claims for breach of contract and breach of the covenant of good faith and fair

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dealing remain. Plaintiff alleges that defendant breached the trial period plan by failing to

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credit her payments. However, defendant's statement of facts and supporting exhibits reveal

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Plaintiff's second amended complaint named a number of additional defendants. At
the Rule 16 scheduling conference held on August 4, 2011, we dismissed all defendants other
than Chase Home Finance (doc. 21).

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that defendant credited payments plaintiff made between October 2009 and July 2010 in

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accordance with the terms of the trial period plan. Plaintiff has not made any mortgage

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payments since July 2010. Thus, the undisputed facts reveal that defendants did not breach

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the trial period plan with respect to the crediting of payments. Without a breach, plaintiff's

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breach of contract claim necessarily fails. See Frank Lloyd Wright Found. v. Kroeter, 697

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F. Supp. 2d 1118, 1125 (D. Ariz. 2010). And without a breach, plaintiff has no remaining

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claim that she was denied the benefits of defendant's agreement to credit her payments under

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the trial period plan. See Rawlings v. Apodaca, 151 Ariz. 149, 153, 726 P.2d 565, 569

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(1986) (essence of implied covenant of good faith and fair dealing is that parties will not act

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to impair another's right to receive benefits promised under an agreement). Defendant is

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entitled to judgment as a matter of law on plaintiff's remaining claims.

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IT IS ORDERED GRANTING defendant's motion for summary judgment (doc. 32).
The Clerk shall enter judgment.
DATED this 8th day of March, 2012.

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