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Wilson v. Chase Home Finance et al.

October 28, 2011

WILSON
v.
CHASE HOME FINANCE ET AL.



The opinion of the court was delivered by: R. Gary Klausner, United States District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable Sharon L. Williams Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order Re: Defendants' Motion to Dismiss (DE 7)

INTRODUCTION

On June 20, 2011, Plaintiff Dwight Dominic Wilson ("Plaintiff") filed a complaint in Los Angeles Superior Court against Chase Home Finance, LLC ("Chase"). On July 26, 2011, Plaintiff filed a First Amended Complaint ("FAC") adding Defendants JPMorgan Chase Bank, N.A. ("JPMorgan"), Washington Mutual Bank, F.A. ("WaMu"), and Quality Loan Service Corp. ("Quality") (collectively with Chase as "Defendants").

Plaintiff's FAC includes claims for the following: (1) breach of contract; (2) undue influence; (3) intentional misrepresentation; (4) wrongful foreclosure; (5) violations of the federal Truth in Lending Act ("TILA") (15 U.S.C. §§ 1601-1667f) and Real Estate Settlement Procedures Act ("RESPA") (12 U.S.C. §§ 2601-2617); (6) vacate trustee's deed; (7) vacate and cancel the foreclosure; (8) quiet title; (9) conversion; (10) violations of California Business and Professions Code § 17200; and (11) declaratory relief.

On August 26, 2010, JPMorgan and Chase removed this case to federal court on the basis of federal question jurisdiction; Quality consented to the removal. Court records indicate that at the time of removal, and at the issuance of this order, WaMu had not been served.

Presently before the Court is JPMorgan's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6) motion"), on behalf of itself and Chase as successor by merger (JPMorgan and Chase together, "Moving Defendants"). For the following reasons, the Court GRANTS in part the Moving Defendants' Motion to Dismiss, dismissing the federal claims as to all Defendants and remanding the remaining state law claims.

FACTUAL BACKGROUND

The following facts are taken from the FAC and the Motion to Dismiss:

On January 8, 2004, Plaintiff purchased a piece of property located at 1131 Alta Loma Road, Unit 511, West Hollywood, California 90069 ("the Property"). To finance this purchase, Plaintiff obtained a mortgage from WaMu in the amount of $435,000, secured by a deed of trust. On March 17, 2009, Quality filed a Notice of Default on the property showing that Plaintiff was behind in his mortgage payments by $9,578.88. Quality filed a second Notice of Default on March 19, 2009, indicating that Plaintiff was behind by $10,015.67 on his mortgage ...


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