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Dante Meneses v. Citimortgage

April 24, 2012

DANTE MENESES, PLAINTIFF,
v.
CITIMORTGAGE, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Edward J. Davila United States District Judge

United States District Court For the Northern District of California

OR GRANTING DEFENDANTS' DER MOTION TO DISMISS; DENYING AS MOOT DEFENDANTS' MOTION TO STRIKE; DENYING DEFENDANTS' MOTION TO EXPUNGE LIS PENDENS [Re: Docket Item Nos. 5, 6, 10]

I.INTRODUCTION

Presently before the court are three motions filed by CitiMortgage, Inc. ("CMI") and CR Title Services, Inc. ("CR TITLE") (collectively, "Defendants"): (1) a Motion to Dismiss Plaintiff's 20 Complaint; (2) a Motion to Strike the Complaint; and (3) a Motion to Expunge Lis Pendens. See 21 Docket Item Nos. 5, 6, 10. 22 As it currently stands, federal jurisdiction arises pursuant to 28 U.S.C. §§ 1331 and 1332.

Having reviewed the parties' submissions, the court found this matter appropriate for decision 24 without oral argument and previously vacated the associated hearing date. Civil L.R. 7-1(b). For 25 the reasons explained below, the Motion to Dismiss will be granted, while the Motion to Expunge 26 Lis Pendens will be denied. The Motion to Strike will be denied as moot. 27 28

an individual residing at 5872 McGilvra Court, San Jose, CA, 95123, Santa Clara County at all 4 times mentioned herein" (see Docket Item No. 1, Ex. A, at ¶ 1); that CMI "is a corporation doing 5 business in California" (Id. at ¶ 2); that CR TITLE "is a corporation doing business in the state of 6 California" (Id. at ¶ 3). Therefore, the court recounts the relevant facts mainly from judicially-7 noticeable documents. *fn1

II.BACKGROUND

In the Complaint, the only specific factual allegations made by Plaintiff are that Plaintiff "is

On or about January 3, 2005, a Grant Deed was recorded in the official records of Santa Clara County, California. See Docket Item No. 7-1, at 2-3. On or about December 21, 2004, 10

real property located at 5872 McGilvra Court, San Jose, CA. See Docket Item No. 7-1, at 6-7.

This loan was secured by a Deed of Trust naming Westwood Associates as Trustee and Mortgage 13

3, 2007, Plaintiff executed a Deed of Trust, securing a loan from Wells Fargo Bank, naming 15

American Securities Company as Trustee. Id. at 55-56. On or about February 7, 2007, Plaintiff 16 obtained a loan from Argent Mortgage Co. in the amount of $620,000. Id. at 35-36. This loan was 17 secured by a Deed of Trust naming Town and Country Title Services as Trustee. Id. at 35-48. 18

Plaintiff defaulted on at least one of his loans at some point, although this information is not

19 available to the court. On or about March 30, 2011, Plaintiff assigned the February 7, 2007 Deed 20 of Trust to CMI. Id. at 59. On April 1, 2011, a Notice of Default and Election to Sell Under Deed 21 of Trust from CMI was recorded. Id. at 62-64. On July 7, 2011, a Notice of Trustee's Sale was 22 recorded. Id. at 66-67. 23

Plaintiff obtained a loan from WMC Mortgage Corp. in the amount of $468,000 for the purchase of Electronic Registration Systems ("MERS") as the ...


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