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Title Francisco Cornejo, et al. v. Jpmorgan Chase Bank

December 12, 2011

TITLE FRANCISCO CORNEJO, ET AL.
v.
JPMORGAN CHASE BANK, ET AL.



The opinion of the court was delivered by: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

RITA SANCHEZ N/A N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In Chambers:) DEFENDANTS' MOTIONS TO DISMISS

FIRST AMENDED COMPLAINT (filed 10/17/2011, 10/19/2011, 11/3/2011)

INTRODUCTION

On April 11, 2011, plaintiffs Francisco Cornejo and Dilcia Cornejo (collectively the "Cornejos" or "plaintiffs") filed a complaint in the Los Angeles County Superior Court against JPMorgan Chase Bank ("JPMorgan Chase"; erroneously sued as "JP Morgan Chase Bank"), successor-in-interest to Washington Mutual Bank ("WAMU"); MTC Financial, Inc. dba Trustee Corps ("MTC"); Federal Home Loan Mortgage Corporation ("Freddie Mac"); Quality Loan Service Corporation ("Quality Loan"); and Does 1--50. Freddie Mac timely removed to this Court on May 13, 2011.*fn1 On September 13, 2011, the Court dismissed plaintiffs' claims for (1) violation of California Business and Professions Code § 17200 et seq. ("UCL"), (2) unjust enrichment, (3) fraudulent misrepresentation, and (4) negligent misrepresentation with leave to amend.*fn2 Plaintiffs voluntarily dismissed defendant Quality Loan on September 21, 2011. On October 5, 2011, plaintiffs filed a First Amended Complaint ("FAC") against the three remaining defendants alleging violations of California's UCL as their sole claim for relief.

On October 17, 2011, MTC filed a motion to dismiss the FAC; on October 19, 2011, Freddie Mac filed a motion to dismiss the FAC; and on November 3, 2011, Chase filed a motion to dismiss the FAC. Plaintiffs untimely filed three separate oppositions on December 2, 2011. MTC filed its reply on December 5, 2011; and Freddie Mac and Chase filed separate replies on December 7, 2011.

After carefully considering the arguments set forth by both parties, the Court finds and concludes as follows.

BACKGROUND

In 1999, the Cornejos purchased real property located at 10007 Bowman Avenue, South Gate, California, 90280-6230 ("Property") for approximately $168,610.00. FAC ¶ 17. In 2003, they applied and were approved for a mortgage loan from WAMU secured by a deed of trust on the Property totaling $187,500.00, which was to be paid over the next 30 years. Id. ¶ 19. On May 22, 2004, the Cornejos requested and received another mortgage loan in the amount of $128,000.00, secured by a deed of trust on the Property recorded on July 2, 2004. Id. ¶ 20. On August 5, 2005, plaintiffs received a mortgage loan in the amount of $318,000.00 from WAMU and used its proceeds to ...


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