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.

Owen, et al. v. Ocwen Loan Service

September 12, 2011

OWEN, ET AL.
v.
OCWEN LOAN SERVICE, LLC, ET AL.



The opinion of the court was delivered by: Present: The Honorable Andrew J. Guilford

CIVIL MINUTES - GENERAL

Title

Lisa Bredahl Not Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: [IN CHAMBERS] ORDER GRANTING DEFENDANTS'

MOTIONS TO DISMISS

Pro se Plaintiffs Darryl R. Owen and Mercedes Owen ("Plaintiffs") filed this foreclosure-related lawsuit against OCWen Loan Service, LLC, et al. ("Defendants") in Orange County Superior Court in May 2010. After Defendant Sunshine Fields, LLC removed the action to this Court, several Defendants filed Motions to Dismiss Plaintiffs' Complaint. (the "Motions"). Other Defendants, including Defendant Joseph Lenin Stalin, have not responded. After reviewing the papers and arguments submitted, the Court GRANTS Defendants' Motions to Dismiss.

BACKGROUND

The following facts come from the Complaint, and as it must for purposes of the Motions to Dismiss, the Court assumes them to be true.

In May 2010, Defendant HRB Associates LLC ("HRB") "gained possession of" Plaintiffs' property. (Compl. at 2:10-17.) Plaintiffs were never served with a "Notice of Claim." (Id.) At some time before this litigation began, Plaintiffs were evicted from their property.

PRELIMINARY MATTERS

To support their Motions, Defendants request that the Court take judicial notice of numerous documents. Under Federal Rule of Evidence 201, "[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201. Facts subject to judicial notice may be considered on a motion to dismiss. Mullis v. United States Bankr. Ct., 828 F.2d 1385, 1388 (9th Cir. 1987).

Defendant HRB requests that the Court take judicial notice of twelve documents filed in Owen v. Encore Credit (Orange County Superior Court case number 30-2010-00350045). (Dkt. Nos. 21, 27, Ex. L.) Because these documents meet the requirements of Rule 201, HRB's request for judicial notice is GRANTED.

Defendants OCWen, Bank of America, N.A., Sunshine Fields, LLC, Lucy G. Seh, and Benjamin Kirk ask the Court take judicial notice of the following seven documents filed in the Orange County Recorder's Office: (1) a February 27, 2007 Deed of Trust; (2) an April 21, 2008 Assignment of Deed of Trust; (3) a February 25, 2009 Notice of Default; (4) a May 29, 2009 Notice of Trustee's Sale; (5) a September 25, 2009 Trustee's Deed Upon Sale; (6) a February 26, 2010 Grant Deed; and (7) a March 12, 2010 Grant Deed. Because these documents meet the requirements of Rule 201, Defendants' request for judicial notice is GRANTED.

LEGAL STANDARD

Acourt should dismiss a complaint when its allegations fail to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). A complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). "'[D]etailed factual allegations' are not required." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 554, 555 (2007)). The Court must accept as true all factual allegations in the complaint and must draw all reasonable inferences from those allegations, construing the complaint in the light most favorable to the plaintiff. Westlands Water Dist. v. Firebaugh Canal, 10 F.3d 667, 670 (9th Cir. 1993).

But the complaint must allege "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 570). "A claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct. at 1940 (citing Twombly, 550 U.S. at 556). A court should not accept "threadbare recitals of a cause of action's elements, supported by mere conclusory statements," Iqbal, 129 S. Ct. at 1940, or "allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences," Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). The Ninth Circuit recently stated that allegations in a complaint "may not simply recite the elements of a cause of action, but must contain sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively." Starr v. Baca, - F.3d - , 2011 WL 2988827, at *14 (9th ...


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.