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Lindsey Kae Schaefer v. Defendant One West Bank

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 3, 2011

LINDSEY KAE SCHAEFER,
PLAINTIFF,
v.
DEFENDANT ONE WEST BANK, FSB'S SAN DIEGO CORNERSTONE MORTGAGE; INDYMAC FEDERAL (DOC. NO. 29) BANK, F.S.B.; ONEWEST BANK, FSB.; FDIC; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER: GRANTING MOTION FOR SUMMARY JUDGMENT

Plaintiff filed this action on March 30, 2009. (Doc. No. 1 Ex. 1 (Compl.).) She alleged that Defendants violated, inter alia, the Perata Mortgage Relief Act and the California Unfair Business Practices Act. (Id.) On June 21, 2010, the Court denied Defendant OneWest Bank, FSB's (OneWest) motion to dismiss the Perata Mortgage Relief Act and California Unfair Business Practices Act claims.*fn1 (Doc. No. 25.)

Presently before the Court is OneWest's motion for summary judgment on Plaintiff's surviving claims. (Doc. No. 29.) Also before the Court is Plaintiff's statement of non-opposition regarding OneWest's motion for summary judgment. (Doc. No. 33.) Plaintiff concedes that, in light of Mabry v. Superior Court, 110 Cal. Rptr. 3d (Cal. Ct. App. 2010), her Perata Mortgage Relief Act claim lacks merit. (Id.) And because Plaintiff cannot prevail on that claim, her Unfair Business Practices Act claim also fails. See Cal-Tech Commc'n, Inc. v. L.A. Cellular Tel. Co., 973 P.2d 527, 539--40 (Cal. 1999).

Accordingly, OneWest's motion for summary judgment is GRANTED. This Order concludes the litigation in this matter. The Clerk shall close the file.

IT IS SO ORDERED.


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