McGee v. CitiMortgage, Inc. et al
Filing
36
ORDER Denying #9 Plaintiff's Motion to Remand to State Court. Defendant #11 Nationstar's Motion to Dismiss is Granted. Nationstar is dismissed from the action without prejudice. Defendant Cal-Western's #31 and #32 Joinder to the Motions to Dismiss are Granted. Cal-Western is dismissed from the action without prejudice. Defendant #12 CitiMortgage's Motion to Dismiss is Granted in part and Denied in part. Signed by Judge James C. Mahan on 5/31/2013. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FRANCINE A. MCGEE,
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2:12-CV-2025 JCM (PAL)
Plaintiff(s),
v.
CITIMORTGAGE, et al.,
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Defendant(s).
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ORDER
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Presently before the court is plaintiff Francine A. McGee’s motion to remand to state court.
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(Doc. # 9). Defendant CitiMortgage, Inc. (“CitiMortgage”) filed a response in opposition (doc. #
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16), and plaintiff filed a reply (doc. #23).
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Also before the court is defendant Nationstar Mortgage, LLC’s (“Nationstar”) motion to
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dismiss. (Doc. # 11). Plaintiff filed a response in opposition (doc. # 22), and Nationstar filed a reply
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(doc. # 26).
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Also before the court is defendant CitiMortgage’s motion to dismiss. (Doc. # 12). Plaintiff
filed a response in opposition (doc. # 21), and CitiMortgage filed a reply (doc. # 25).
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Nationstar filed a joinder to CitiMortgage’s response in opposition of the motion to remand.
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(Doc. # 20). Defendant Cal-Western Reconveyance Corporation (“Cal-Western”) filed a joinder to
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CitiMortgage’s and Nationstar’s motion to dismiss. (Docs. ## 31-32). Cal-Western filed a joinder
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to CitiMortgage’s response in opposition to the motion to remand. (Doc. # 33). Finally, Cal-
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James C. Mahan
U.S. District Judge
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Western filed a joinder to the replies to the motion to dismiss. (Docs. ## 34-35).
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I.
Background
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This a mortgage and foreclosure case. On or about September 5, 2006, plaintiff purchased
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a home located at 6583 Mermaid Circle, in Las Vegas, for $432,500. (Doc. # 1, Ex. # 2, compl. at
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¶ 9). Plaintiff entered into first and second mortgage loan transactions, each with PHH Mortgage
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Company. (Id. at ¶ 10). The first mortgage loan was a 30-year promissory note in the amount of
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$346,000, secured by a deed of trust on the property. (Id. at ¶ 11). The second mortgage loan was
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a 15-year promissory note in the amount of $43,250, secured by a deed of trust on the property. (Id.
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at ¶ 12).
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Plaintiff began to default on her loan payment on or around July 1, 2009.1 On October 13,
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2009, Mortgage Electronic Registration System (“MERS”), as nominee and beneficiary under the
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deed of trust, substituted Cal-Western as trustee under the deed of trust. On October 14, 2009,
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MERS as beneficiary under the terms of the deed of trust, and nominee assigned the beneficial
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interest in the deed of trust to CitiMortgage. Cal-Western executed and recorded a notice of breach
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and default and of election to cause sale of real property under the deed of trust on the subject
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property on or about October 21, 2009.
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On or about February 10, 2010, a certificate issued under the Nevada Foreclosure Mediation
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Program for Cal-Western to proceed with the foreclosure process. The certificate stated that “[n]o
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request for mediation was made or the Grantor has waived mediation.”
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On April 26, 2010, CitiMortgage assigned the beneficial interest in the deed of trust to
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Federal National Mortgage Association (“FNMA”). On or about April 28, 2010, Cal-Western
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conducted a trustee sale. The property reverted back to FNMA, who was the beneficiary under the
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deed of trust.
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James C. Mahan
U.S. District Judge
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The court judicially recognizes all of the following documents provided by defendants that were properly
recorded in Clark County: the first position deed of trust; assignments of beneficial interest; substitution of trustees;
notice of default; certificate from Nevada Foreclosure Mediation Program; trustee’s deed upon sale; and, notice of
rescission of trustee’s deed upon sale. See Intri-Plex Technology, Inc. v. Crest Group, Inc., 499 F.3d 1048, 1052 (9th
Cir. 2007) (“A court may take judicial notice of matters of public record without converting a motion to dismiss into a
motion for summary judgment as long as the facts are not subject to reasonable dispute.”).
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On or about October 11, 2010, Cal-Western cancelled and rescinded the trustee sale due to
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“inadvertence and mistake.” The rescission purported to reinstated the deed of trust to the same
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extent and effect as though the trustee’s deed upon sale had never been issued or recorded.
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Based on the above mentioned facts plaintiff has alleged the following five causes of action:
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(1) fraud; (2) negligence; (3) unjust enrichment; (4) violations of the federal Fair Debt Collection
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Practices Act; and, (5) declaratory relief. Plaintiff has alleged these causes of action against all of
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the following: CitiMortgage; Nationstar; the Corey Geib Team d/b/a Re/Max (“Re/Max”); Cal-
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Western; and, FNMA. Some of plaintiff’s complaint does not differentiate between the defendants
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or how any particular defendant committed the causes of actions. The exception is CitiMortgage.
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The bulk of plaintiff’s complaint focuses on alleged conduct by CitiMortgage that is discussed in
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more detail infra. The court will address each of the causes of action in turn.
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II.
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Remand
As a preliminary matter, plaintiff has filed a motion to remand. The court must resolve the
motion to remand prior to analyzing the merits on the motion to dismiss.
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A.
Subject Matter Jurisdiction
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Any action filed in state court that could have been filed in federal court may be removed by
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the defendant. 28 U.S.C. § 1441(a). Federal district courts have original jurisdiction over cases and
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controversies that arise under federal laws pursuant to 28 U.S.C. § 1331.
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“Under [ ] longstanding interpretation of the current statutory scheme, the question whether
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a claim ‘arises under’ federal law must be determined by reference to the ‘well-pleaded complaint.’”
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Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804, 808 (1986). “The presence or
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absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which
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provides that federal question jurisdiction exists only when a federal question is presented on the
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face of the plaintiff’s properly pleaded complaint.” ARCO Envtl. Remediation, L.L.C., v. Dep’t of
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Health and Envtl. Quality of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000) (quoting Caterpillar v.
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Williams, 482 U.S. 386, 395 (1987)).
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...
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James C. Mahan
U.S. District Judge
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CitiMortgage’s original petition for removal states that this court has jurisdiction based on
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federal question jurisdiction. The complaint clearly alleges a federal cause of action. The fourth
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cause of action alleges violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1682.
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(Compl. at p. 18) (“The conduct set forth herein above amounts to violations of the federal Fair Debt
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Collection Practices Act, 15 U.S.C. § 1682 (FDCPA) in that Defendants, and each of them harassed,
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misled and fraudulently induced Plaintiff while attempting to improperly collect debt(s) associated
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with the Property.” The court finds, based on its own review of the complaint, that it has jurisdiction
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pursuant to 28 U.S.C. § 1331.
B.
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Proper Removal Procedure
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“All defendants who have been ‘properly ... served in the action’ must join in a petition for
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removal.” Destfino v. Reiswig, 630 F.3d 952, 956 (9th Cir. 2011) (citing Emrich v. Touche Ross &
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Co., 846 F.2d 1190, 1193 n. 1 (9th Cir. 1988)); see also 28 U.S.C. § 1446(b)(2)(A). “Where fewer
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than all defendants have joined in a removal action, the removing party has the burden under section
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1446(a) to explain affirmatively the absence of any co-defendants in the notice for removal.” Prize
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Frize, Inc. v. Matrix (U.S.) Inc., 167 F.3d 1261, 1266 (9th Cir. 1999). This is known as the “rule of
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unanimity.” Proctor v. Vishay Intertechnology Inc., 584 F.3d 1208, 1225 (9th Cir. 2009)
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Plaintiff’s motion for remand does not argue that this court lacks jurisdiction. Rather,
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plaintiff argues that this case should be remanded because defendants Cal-Western and Re/Max have
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not consented to removal, and that service on certain defendants substantially complies with Nevada
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Rule of Civil Procedure 4.2 Defendants counter by arguing: (1) that certain defendants were not
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properly joined so they need not consent to removal; (2) certain defendants are fraudulent
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defendants; and, (3) certain defendants are nominal parties.
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In plaintiff’s motion to remand, she admits that Cal-Western had yet to be served. (Doc. #
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9, (“Moreover, Defendant Cal-Western, an out-of-state Defendant, has yet to be served with a
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summons and complaint in this matter.”)). The rule of unanimity does not apply to Cal-Western
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James C. Mahan
U.S. District Judge
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Nevada Rule of Civil Procedure 4 is the operative rule because service was attempted before removal to this
court.
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since at the time of the petition for removal, and even at the time of the motion to remand, it had not
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been served. Destfino, 630 F.3d at 956. A party not served, does not have to be joined. In any
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event, Cal-Western has since been properly served and timely joined the petition for removal.
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The court turns its focus to defendant Re/Max. Sufficiency of service is determined
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according to state law when service allegedly occurs prior to removal. Lee v. City of Beaumont, 12
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F.3d 933, 937 (9th Cir. 1993), overruled on other grounds by California Dept. of Water Resources
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v. Powerex Corp., 533 F.3d 1087 (9th Cir. 2008)). Plaintiff served Re/Max prior to defendant
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CitiMortgage’s removal to this court. Therefore, Nevada Rule 4 is the operative rule. Personal
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service upon Nevada corporations is governed by NRCP 4(d)(1). NRCP 4(d)(1) states in relevant
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part that: “if the suit is against an entity or association formed under the laws of this state (Nevada)
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or registered to do business in this state, [service must be given] to the registered agent thereof or,
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if the entity or association is a corporation, to any officer thereof.”
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To serve a Nevada corporation, the plaintiff must personally deliver the summons and
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complaint to the corporation’s registered agent or a corporate officer. Re/Max is a Nevada
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corporation. Plaintiff concedes that she did not strictly comply with NRCP 4(d)(1) because she did
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not serve a corporate officer or the registered agent. Rather, plaintiff served the receptionist. Nevada
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state court cases have yet to allow for anything but strict compliance with NRCP 4(d)(1). See
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Phillips v. Incline Manor Ass’n., 91 Nev. 69, 70, 530 P.2d 1207, 1208 (Nev. 1975) (holding that
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service was defective on a Nevada corporation for “failure to comply with the requirements of NRCP
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4(d)(1)”). Service was not proper on defendant Re/Max because plaintiff did not strictly comply
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with NRCP 4(d)(1).
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Next, defendants argue that Re/Max is a nominal or fraudulent defendant, which may not
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defeat jurisdiction. However, as explained in section II.A supra, this court’s jurisdiction is based
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on federal question jurisdiction. An analysis of whether a defendant is a nominal or sham defendant
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matters only when federal jurisdiction attaches under diversity jurisdiction. Strotek Corp. v. Air
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Transport Ass’n of America, 300 F.3d 1129, 1132 (9th Cir. 2002) (“Nor may the presence of a sham
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or nominal party defeat removal on diversity grounds.”); Morris v. Princess Cruises, Inc., 236 F.3d
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James C. Mahan
U.S. District Judge
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1061, 1067 (9th Cir. 2001) (“Joinder of a non-diverse defendant is deemed fraudulent, and the
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defendant’s presence in the lawsuit is ignored for purposes of determining diversity, if the plaintiff
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fails to state a cause of action against a resident defendant, and the failure is obvious according to
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the settled rules of the state.”). This court has found that it has federal question jurisdiction and need
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not discuss whether Re/Max is a nominal or fraudulent defendant.
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III.
Motion to Dismiss
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Defendants CitiMortgage and Nationstar have each filed a motion to dismiss. Cal-Western
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has joined each of the motions to dismiss. Plaintiff responded to the motions to dismiss. However,
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the bulk of plaintiff’s responses are directed towards and make arguments against CitiMortgage. In
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fact, the two responses, while not identical, are largely duplicative. It is clear from reading the
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complaint and responses to the motions to dismiss that plaintiff’s allegations of wrongdoing focus
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on behavior and actions from CitiMortgage.
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A.
Legal Standard
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A court may dismiss a plaintiff's complaint for “failure to state a claim upon which relief can
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be granted.” Fed. R. Civ. P. 12(b)(6). A properly pled complaint must provide “[a] short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2); Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). While Rule 8 does not require detailed factual
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allegations, it demands “more than labels and conclusions” or a “formulaic recitation of the elements
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of a cause of action.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citation omitted). “Factual
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allegations must be enough to rise above the speculative level.” Twombly, 550 U.S. at 555. Thus,
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to survive a motion to dismiss, a complaint must contain sufficient factual matter to “state a claim
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to relief that is plausible on its face.” Iqbal, 129 S.Ct. at 1949 (citation omitted).
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In Iqbal, the Supreme Court clarified the two-step approach district courts are to apply when
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considering motions to dismiss. First, the court must accept as true all well-pled factual allegations
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in the complaint; however, legal conclusions are not entitled to the assumption of truth. Id. at 1950.
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Mere recitals of the elements of a cause of action, supported only by conclusory statements, do not
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suffice. Id. at 1949. Second, the court must consider whether the factual allegations in the complaint
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James C. Mahan
U.S. District Judge
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allege a plausible claim for relief. Id. at 1950. A claim is facially plausible when the plaintiff's
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complaint alleges facts that allows the court to draw a reasonable inference that the defendant is
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liable for the alleged misconduct. Id. at 1949.
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Where the complaint does not “permit the court to infer more than the mere possibility of
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misconduct, the complaint has alleged, but it has not shown, that the pleader is entitled to relief.”
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Id. (internal quotations and alterations omitted). When the allegations in a complaint have not
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crossed the line from conceivable to plausible, plaintiff's claim must be dismissed. Twombly, 550
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U.S. at 570.
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The Ninth Circuit addressed post-Iqbal pleading standards in Starr v. Baca, 652 F.3d 1202,
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1216 (9th Cir. 2011). The Starr court stated, “First, to be entitled to the presumption of truth,
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allegations in a complaint or counterclaim may not simply recite the elements of a cause of action,
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but must contain sufficient allegations of underlying facts to give fair notice and to enable the
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opposing party to defend itself effectively. Second, the factual allegations that are taken as true must
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plausibly suggest an entitlement to relief, such that it is not unfair to require the opposing party to
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be subjected to the expense of discovery and continued litigation.” Id.
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B.
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To state a claim for fraud under Nevada law, a plaintiff must allege: (1) that defendants made
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a false representation; (2) with knowledge of its falsity; (3) with intent to induce reliance on the
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misrepresentation; (4) that plaintiff relied on the misrepresentation; and, (5) that plaintiff suffered
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damages. Nau v. Sellman, 104 Nev. 248, 250-51, 757 P.2d 358, 360 (Nev. 1988). When pleading
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fraud, plaintiff must state all “the circumstances constituting fraud . . . with particularity.” Berry v.
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Valence Tech., Inc., 175 F.3d 699, 706 (9th Cir. 1999). Allegations of fraud must be accompanied
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by “the who, what, when, where, and how of the misconduct charged.” Yess v. Ciba-Geigy Corp.
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USA, 317 F.3d 1097, 1106 (9th Cir. 2003).
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Fraud
I.
Nationstar and Cal-Western
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Plaintiff cannot state cause of action for fraud against defendants Nationstar and Cal-
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Western. Plaintiff’s complaint alleges that Nationstar only told her that Nationstar would be willing
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James C. Mahan
U.S. District Judge
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to offer her a deed in lieu of foreclosure, which she does not even allege was false. (See compl. ¶¶
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114-16). The complaint further alleges that Nationstar informed her that the trustee sale was being
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rescinded, which was true. (Id.).
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Plaintiff does not state a claim for fraud against Nationstar or Cal-Western. Plaintiff’s
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allegations fail as to every single element. In fact, plaintiff alleges that Nationstar told her true
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statements about the status of her mortgage and home. The fraud cause of action is dismissed against
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Nationstar and Cal-Western.
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ii.
CitiMortgage
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Plaintiff has stated a causes of action for fraud against CitiMortgage. The vast majority of
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her complaint and response to each defendants’ motion to dismiss is dedicated to allegations of fraud
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against CitiMortgage.
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Plaintiff meets each element for a fraud cause of action as well as specifying the who, what,
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when, where, and how as required by the heightened pleading standard of Rule 9(b). In summary,
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plaintiff has alleged that she repeatedly contacted CitiMortgage seeking a loan modification, (see
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compl. at ¶¶ 17-25), and CitiMortgage repeatedly denied the application. (Id.). Plaintiff alleges that
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representatives from CitiMortgage then informed her that she would have to stop making her
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mortgage payments, go into default under the loan, and then she could enter into loan modification
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discussions and/or negotiations. (Id. at ¶¶ 26-40). Plaintiff then alleges that CitiMortgage
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representatives informed her that her property was not in foreclosure, that foreclose proceedings had
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been halted, and that CitiMortgage would participate in good faith in loan modification discussions
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and/or negotiations. (Id. ¶¶ 41-58). Plaintiff has properly stated a claim for fraud against
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CitiMortgage.3
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C.
Negligence
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To state a claim for negligence, a plaintiff must allege that: (1) the defendant owed a duty of
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care to the plaintiff; (2) the defendant breached that duty; (3) the breach was the legal cause of the
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James C. Mahan
U.S. District Judge
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Plaintiff’s complaint further mentions specific dates when alleged misrepresentations were made by
CitiMortgage representatives in addition to the names of the representatives.
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plaintiff’s injury; and, (4) the plaintiff suffered damages. Scialabba v. Brandise Const. Co., Inc., 112
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Nev. 965, 968, 921 P.2d 928, 930 (Nev. 1996).
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I.
Nationstar and Cal-Western
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In order to state a negligence claim against Nationstar and Cal-Western, plaintiff argues that
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those defendants owed her a fiduciary duty. Federal courts in Nevada interpreting Nevada state law
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in the mortgage context have held squarely the opposite. See, e.g., Weinstein v. Mortg. Capital
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Assocs., Inc., no. 2:10-cv-01551-PMP-PAL, 2011 WL 90085, at *8 (D. Nev. Jan. 11, 2011) (“The
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Court will dismiss [the negligence claim] because a loan servicer owes no duties to the borrower
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beyond those set out in the relevant agreements. Because [defendant] owed no duty, Plaintiff fails
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to state a negligence claim as a matter of law.”).
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The court finds that Nationstar and Cal-Western owed no duty to plaintiff, other than any
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duties set forth in the deed of trust. Plaintiff does not allege that either Nationstar or Cal-Western
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exceeded their conventional roles as servicer of the loan and trustee under the loan, respectively.
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Rather, plaintiff argues that Nationstar and/or Cal-Western should be held to a higher standard a
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care, a fiduciary relationship. Plaintiff cites no cases in support of this argument and the court is
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otherwise unconvinced. The negligence cause of action is dismissed against Nationstar and Cal-
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Western.
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ii.
CitiMortgage
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Similarly, “[a] lender generally owes no duty of care to its borrower.” Weingartner v. Chase
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Home Finance, LLC, 702 F.Supp.2d 1276, 1290 (D. Nev. 2010). Plaintiff argues that CitiMortgage
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owed her a duty of care because CitiMortgage participated in loan modification discussions and/or
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negotiations. Plaintiff cites no case law supporting this theory. “The problem with this argument
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is that a loan modification, which at its core is an attempt by a money lender to salvage a troubled
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loan, is nothing more than a renegotiation of loan terms.” Armstrong v. Chevy Chase Bank, FSB,
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no. 5:11-cv-05664-EJD, 2012 WL 4747165, at *4 (N.D. Cal. Oct. 3, 2012). “For this reason,
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numerous cases have characterized a loan modification as a traditional money lending activity.” Id.
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(internal citations and quotations omitted) (collecting cases). The court finds that CitiMortgage
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James C. Mahan
U.S. District Judge
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owed no duty to plaintiff and plaintiff’s negligence cause of action is dismissed against
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CitiMortgage.
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D.
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“An action based on a theory of unjust enrichment is not available when there is an express,
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written contract, because no agreement can be implied when there is an express agreement.”
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Leasepartners Corp. v. Robert L. Brooks Trust, 113 Nev. 747, 756, 942 P.2d 182, 187 (Nev. 1997)
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(per curiam). Thus the doctrine of unjust enrichment “applies to situations where there is no legal
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contract but where the person sought to be charged is in possession of money or property which in
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good conscience and justice he should not retain but should deliver to another [or should pay for].”
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Unjust Enrichment
Id.
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Plaintiff admits that she entered into express contracts via the deed of trust and the note. The
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existence of these instruments bar a claim for unjust enrichment against Nationstar, CitiMortgage,
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and Cal-Western. Goodwin v. Exec. Tr. Servs., LLC, 680 F.Supp.2d 1244, 1255 (D. Nev. 2010)
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(dismissing a mortgagor’s unjust enrichment claims because “[t]hese mortgages are express and
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written contracts”).
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Additionally, plaintiff argues that the rescission of the trustee’s deed upon sale unjustly
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enriched the defendants. However, unjust enrichment applies when there is no legal contract and
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one party is in possession of money or property that should be delivered to the other party. The
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recordation of the trustee’s rescission purported to transfer the property to the plaintiff, not to retain
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the property of the plaintiff against principles of equity. Plaintiff’s unjust enrichment claim is
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dismissed against Nationstar, CitiMortgage, and Cal-Western.
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E.
Fair Debt Collection Practices Act
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“The purpose of the FDCPA includes, among other things, the elimination of ‘abusive debt
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collection practices by debt collectors.’” Mkhitaryan v. U.S. Bancorp, no. 2:11-cv-1055-JCM-CWH,
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2012 WL 6204840, at *3 (D. Nev. Dec. 12, 2012) (quoting 15 U.S.C. § 1692(e)). Further, “it is well
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established that non judicial foreclosures are not an attempt to collect a debt under the Fair Debt
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Collection Practice Act and similar statutes.” Rinehold v. Indymac Bank, FSB, no. 3:10-cv-476-
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James C. Mahan
U.S. District Judge
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LRH-VPC, 2011 WL 13856, at *2 (D. Nev. Jan. 4, 2011).
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Plaintiff does not allege a specific fact regarding any defendants’ breach of the FDCPA. For
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example, plaintiff states “that Defendants, and each of them harassed, misled and fraudulently
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induced Plaintiff while attempting to improperly collect debt(s) associated with the Property.”
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(Compl. at ¶ 161).
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Plaintiff dedicates her arguments that defendants qualify as debt collectors since they were
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attempting to collect under the loan after plaintiff defaulted. Even if true, there are no specific facts
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alleging any harassment, intimidation, or abusive tactics. Further, foreclosing to collect on a debt
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is not a violation of the FDCPA. Plaintiff’s cause of action for FDCPA violations are dismissed.
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F.
Declaratory Relief
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NRS 30.040(1) states that “[a]ny person interested under a deed, written contract or other
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writings constituting a contract, or whose rights, status or other legal relations are affected by a
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statute, municipal ordinance, contract or franchise, may have determined any question of
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construction or validity arising under the instrument, statute, ordinance, or contract or franchise and
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obtain a declaration of rights, status or other legal relations thereunder.”
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Plaintiff seeks declaratory relief to determine her and the defendants rights and duties with
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respect to the property in light of the rescission of the deed of trust. Since some of the causes of
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action remain against some defendants, plaintiff is entitled to declaratory relief.
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IV.
Conclusion
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Defendants Nationstar and Cal-Western are dismissed from the action without prejudice.
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Plaintiff’s causes of action against CitiMortgage for negligence, FDCPA violations, and unjust
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enrichment are dismissed. Plaintiff has properly stated a fraud cause of action against CitiMortgage
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sufficient to survive this stage of the pleading. FNMA has not filed a motion to dismiss or joined
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any pending motion to dismiss and remains part of the lawsuit. Plaintiff, at this stage, is entitled to
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allege a claim for declaratory relief against defendants CitiMortgage and FNMA.
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...
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...
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James C. Mahan
U.S. District Judge
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, DECREED that plaintiff’s motion to remand
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(doc. # 9) be, and the same hereby is, DENIED.
IT IS FURTHER ORDERED that defendant Nationstar’s motion to dismiss (doc. # 11) be,
and the same hereby, is GRANTED. Nationstar is dismissed from the action without prejudice.
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IT IS FURTHER ORDERED that defendant Cal-Western’s joinder to the motions to dismiss
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(docs. ## 31-32) be, and the same hereby, are GRANTED. Cal-Western is dismissed from the action
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without prejudice.
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IT IS FURTHER ORDERED that defendant CitiMortgage’s motion to dismiss (doc. # 12)
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be, and the same hereby, is GRANTED in part and DENIED in part consistent with the foregoing.
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DATED May 31, 2013.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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