Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Title: Victoria Bastida, et al v. Indymac Bank

July 13, 2011

TITLE: VICTORIA BASTIDA, ET AL
v.
INDYMAC BANK, ET AL



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

CIVIL MINUTES - GENERAL

Julie Barrera Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: NONE PRESENT NONE PRESENT

PROCEEDING (IN CHAMBERS): ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND REMANDING TO STATE COURT

Before the Court is a Motion for Judgment on the Pleadings (Dkt. 12) filed by Defendants Mortgage Electronic Registration Systems, Inc. and One West Bank (collectively "Defendants") in the above-captioned case. The court finds this matter appropriate for decision without oral argument.

Fed.R.Civ. P. 78; Local Rule 7-15. After considering the moving, opposing and replying papers, and for the reasons stated below, the Court hereby GRANTS the Motion and REMANDS this case to Orange County Superior Court.

I. Background

The facts as alleged in the Complaint are as follows: in July of 2007, Plaintiff Victoria Bastida ("Bastida") obtained a loan for real property from Defendant T.J. Financial, Inc. ("T.J."). Complaint, ¶ 1. For reasons unexplained in the Complaint, Defendant Wells Fargo Bank ("Wells Fargo") was identified as the original beneficiary.

Thereafter Wells Fargo allegedly transferred the loan to Defendant IndyMac Mortgage Services ("IndyMac"), but failed to disclose the transaction to Plaintiff within three days, as required by Cal. Civ. Code § 2934(a). As a result of this failure, Bastida's monthly income and expenses were inappropriately calculated for the transaction. The mortgage became unaffordable, with a minimum debt to income ration of 112.063%. Plaintiff avers that she fears that she may soon lose her home and requests that the Court order equitable remedies and monetary damages.

According to Defendants, Plaintiffs defaults on their loan on February, 1, 2009 and a Notice of Default was recorded on August 12, 2009. Defendants' Request for Judicial Notice ("DRJN"), Ex. 2. An Assignment of Deed of Trust from defendant Mortgage Electronic Registration Systems, Inc. ("MERS") to defendant OneWest Bank ("OneWest") was recorded. Id., ex. 3. Plaintiff Victoria Vargas filed for bankrupty following the November 2009 Notice of Trustee's Sale, and on May 10, 2010, OneWest obtained relief from stay. Id., ex. 4-5. The Property was sold and a Deed Upon Sale recorded on June 28, 2010. Id., ex. 6. That same day, an Assignment of Deed of Trust from OneWest to OWB REO, LLC was recorded. Id., ex. 7.

On September 20, 2010, Plaintiffs filed this action in state court. The Complaint brings causes of action for: (1) Lack of Jurisdiction of A Limited Jurisdiction Forum; (2) Inequitable Practices - Predecessor and Successor Corporate Liability; (3) Real Estate Settlement Procedure Act, -- U.S.C. § et seq.; (4) Cal. Civ. Code § 2923.52, et seq.; (5) The Making Home Affordable Program; (6) Fair Debt Collection Practices Act; (7) Unfair Practices; (8) Cal. Civ. Code § 17200, et seq.; (9) Truth in Lending Act; (10) Fraud, Cal. Civ. Code § 1572, et seq.; (11) Breach of Fiduciary Duties; (12) Illegal Contract and Notices; (13) Unconscionable Contract; (14) Breach of Contract; (15) Bad Faith Breach of Contract; (16) Breach of Quiet Enjoyment; and (17) Punitive Damages.

On December 13, 2010, defendant Wells Fargo removed the case to this Court, but was subsequently dismissed from this case. On April 19, 2011 Defendants Mortgage Electronic Registration Systems, Inc. ("MERS") and One West Bank ("One West") brought the present Motion.

II. Legal Standard

A. Judgment on the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.