Dick v. American Home Mortgage Servicing Inc., et al

Filing 106

ORDER signed by Senior Judge William B. Shubb on 5/26/2016 ORDERING that, in light of Yvanova, this court hereby VACATES its dismissal of plaintiffs' wrongful foreclosure and cancellation of instruments claims. The court does not amend or vacate its dismissal of plaintiffs' fraud claim. The Clerk of this court shall forward a copy of this Order to the Clerk of the United States Court of Appeals for the Ninth Circuit. (cc: USCA) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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GABRIEL DICK and DEBORAH JILL
DICK,
Plaintiffs,

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CIV. NO. 2:13-00201 WBS CKD
NINTH CIR. NO. 14-15203
ORDER

v.
AMERICAN HOME MORTGAGE
SERVICING, INC.; TOWN AND
COUNTRY TITLE SERVICES;
AMERIQUEST MORTGAGE, CO.;
DEUTSCHE BANK NATIONAL TRUST;
AMERIQUEST MORTGAGE
SECURITIES, INC.; CITI
RESIDENTIAL LENDING, as
attorney in fact for
Ameriquest Home Mortgage
Securities, Inc.; POWER
DEFAULT SERVICES; and DOES 150, inclusive,
Defendants.

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----oo0oo---Plaintiffs Gabriel and Jill Dick initiated this suit

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against defendants alleging three causes of action for wrongful

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foreclosure of their home, fraud, and cancellation of
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instruments.

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January 14, 2014, this court dismissed plaintiffs’ SAC with

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prejudice, (Jan. 14, 2014 Order (Docket No. 72)), and plaintiffs

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appealed, (Docket No. 74).

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for reconsideration in light of the California Supreme Court’s

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decision in Yvanova v. New Century Mortgage Corp., 62 Cal. 4th

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919 (2016).

On

The Ninth Circuit remanded the case

(Docket No. 79.)

In light of Yvanova,1 this court hereby VACATES its

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(Second Am. Compl. (“SAC”) (Docket No. 41).)

dismissal of plaintiffs’ wrongful foreclosure and cancellation of

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instruments claims.

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dismissal of plaintiffs’ fraud claim.

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shall forward a copy of this Order to the Clerk of the United

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States Court of Appeals for the Ninth Circuit.

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The court does not amend or vacate its
The Clerk of this court

IT IS SO ORDERED.
Dated:

May 26, 2016

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See also Sciarratta v. United States Bank Nat’l Ass’n,
No. D069439, 2016 WL 2941194, at *1 (4th Dist. May 18, 2016)
(applying Yvanova and concluding “that a homeowner who has been
foreclosed on by one with no right to do so--by those facts
alone--sustains prejudice or harm sufficient to constitute a
cause of action for wrongful foreclosure”).
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