The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (ECF No. 4.)
Presently before the Court is Defendants World Savings Bank, FSB, Wachovia Corporation, Wells Fargo Bank, N.A., and Golden West Savings Association Company Regional Trustee Services Corporation's motion to dismiss. (Mot. to Dismiss, ECF No. 4.) Also before the Court are Plaintiffs Michael H. Young and Reanna K. Young's opposition, (Opp'n, ECF No. 10), and Defendants' reply, (Reply, ECF No. 13). After consideration, the Court GRANTS Defendants' motion to dismiss.
Plaintiffs borrowed $413,600 from World Savings Bank on September 29, 2006. (Compl. ¶ 15, ECF No. 1-2 Exhibit A.) The loan was secured by a deed of trust on the real property located at 4553 Big Sur Street, Oceanside, CA 92057. (Compl. ¶ 13.) World Savings Bank thereafter changed its name to Wachovia, and then Wachovia merged into a division of Wells Fargo. (Compl. ¶ 2.) Plaintiffs sent Defendants numerous letters them asking to confirm the loan amount and to prove that Defendants were the actual creditors. (Compl. ¶ 21, 38, 48, 51, 54.) Plaintiffs received a Notice of Default dated September 21, 2010, and a Notice of Trustee's Sale dated December 16, 2010. (Compl. ¶ 50, 57.)
Plaintiffs filed their complaint in the Superior Court of California, County of San Diego. Defendants removed the action to this Court. Plaintiffs' complaint asserts five causes of action:
(1) trespass; (2) declaratory relief; (3) injunctive relief; (4) violation of California's Unfair Competition Law; and (5) breach of the implied covenant of good faith and fair dealing.
Federal Rule of Civil Procedure 12(b)(6) permits a party to raise by motion the defense that the complaint "fail[s] to state a claim upon which relief can be granted." The Court evaluates whether a complaint states a cognizable legal theory and sufficient facts in light of Federal Rule of Civil Procedure 8(a), which requires a "short and plain statement of the claim showing that the pleader is entitled to relief." Although Rule 8 "does not require 'detailed factual allegations,' . . . it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, --- U.S. ----, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In other words, "a plaintiff's obligation to provide the 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (citing Papasan v. Allain, 478 U.S. 265, 286 (1986)). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.'" Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 557).
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570); see also Fed.R.Civ.P. 12(b) (6). A claim is facially plausible when the facts pled "allow[ ] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly, 550 U.S. at 556). That is not to say that the claim must be probable, but there must be "more than a sheer possibility that a defendant has acted unlawfully." Id. Facts "'merely consistent with' a defendant's liability" fall short of a plausible entitlement to relief. Id. (quoting Twombly, 550 U.S. at 557). Further, the Court need not accept as true "legal conclusions" contained in the complaint. Id. This review requires context-specific analysis involving the Court's "judicial experience and common sense." Id. at 1950 (citation omitted). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not 'show [n]'-'that the pleader is entitled to relief.'" Id.
1. Defendants' Request for Judicial Notice
Defendants request judicial notice for Exhibits A through I. (Req. for Judicial Notice ISO Mot. to Dismiss, ECF No. 4-2.)Generally on a motion to dismiss, a court may only consider three things: (1) "allegations contained in the pleadings," (2) "exhibits attached to the complaint," and
(3) "matters properly subject to judicial notice." Swartz v. KPMG LLP, 476 F.3d 756, 763 (9th Cir. 2007) (citation omitted). However, a Court may also "consider a writing referenced in a complaint but not explicitly incorporated therein if the complaint relies on the document and its authenticity is unquestioned." Id. (citation omitted). Plaintiffs do not oppose Defendants' request for judicial notice, the documents are ...