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David Allen, et al. v. Jp Morgan Chase Bank N.A.

July 25, 2012

DAVID ALLEN, ET AL.
v.
JP MORGAN CHASE BANK N.A., ET AL.



The opinion of the court was delivered by: The Honorable A. Howard Matz, U.S. District Judge

O

CIVIL MINUTES - GENERAL

Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE

Stephen Montes Not Reported

Deputy Clerk Court Reporter / Recorder Tape No. Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants:

Proceedings: IN CHAMBERS (No Proceedings Held)

Plaintiffs David Allen, John David Allen, the Estate of Jamie Lamar Allen, and Kelly Lamar, pro se, have moved for leave to file a Second Amended Complaint ("SAC") amending their First Amended Complaint ("FAC").*fn1 For the following reasons, the Court DENIES Plaintiffs' motion.

BACKGROUND

In June 2005, Plaintiffs obtained a mortgage loan secured by a Deed of Trust in favor of Washington Mutual Bank FA,*fn2 with California Reconveyance Company ("CRC") as the trustee. On January 24, 2008, Quality Loan Service Corp. replaced CRC as the new trustee. An Assignment of the Deed of Trust ("the Assignment") was recorded on June 17, 2009, transferring the beneficial interest in the Deed of Trust to Wells Fargo Bank NA ("Wells Fargo"). On that same day, CRC was substituted back in as the new trustee. When Plaintiffs became delinquent on their mortgage payments, CRC recorded a Notice of Default and a Notice of Trustee's Sale. Plaintiffs then applied for a loan modification under the Home Affordable Modification Program ("HAMP") in January 2010. (Defs.' Mot. to Dismiss 2, Dkt. 19.) The following chronology tracks the instant litigation after Plaintiffs' HAMP modification package was denied:

April 27, 2011 Plaintiffs file a lawsuit, alleging four claims:

Dkt. 1

(1) Breach of Contract

(2) Promissory Estoppel

(3) Violation of Cal. Bus. & Prof. Code § 17200

(4) Violation of Cal. Civ. Code §§ 1572, 1709, 1710

(Fraud)

Plaintiffs name as Defendants JP Morgan Chase Bank NA, Washington Mutual Bank FA, and Does 1 through 10, Real Parties in Interest.

5/25/2011 Defendants move to dismiss the Complaint. The Court denies the motion as to counts 1 through 3, but dismisses Count 4 (Fraud) with leave to amend.

Dkt. 12

10/3/2011 Plaintiffs file the FAC, alleging the following causes of action:

Dkt. 17

(1) Breach of Contract

(2) Promissory ...


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