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E Salvador Barrios v. H&R Block Bank

March 25, 2013

E SALVADOR BARRIOS,
PLAINTIFF,
v.
H&R BLOCK BANK, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Barry Ted Moskowitz, Chief Judge United States District Court

ORDER GRANTING MOTION TO DISMISS

Defendant San Diego Financial Services, Inc. ("Defendant" or "SDFS") has filed a motion to dismiss Plaintiff's Complaint. For the reasons discussed below, Defendant's motion is GRANTED.

I. BACKGROUND

In or about November 2006, Plaintiff E. Salvador Barrios ("Plaintiff") borrowed $562,500 from Paramount Equity Mortgage. (Ex. 1 to Compl.) The note was secured by a Deed of Trust. (Ex. 2 to Compl.) The Deed of Trust attached a legal description of the property ("Property"), identified as assessor's parcel no. 479-250-06: "South 170 feet of the West 1/2 of the West 1/2 of Lot 34 of subdivision, Lot 12 of Rancho Mission of San Diego, City of Lemon Grove, County of San Diego, State of California, per Map no. 5 of the San Diego County Recorder except East 20 feet and except West 210 feet." (Compl. ¶ 44, Ex. 2.) The Deed of Trust listed the Property Address as "7042 San Miguel, Lemon Grove, California, 91945-2135."

On April 24, 2012, Quality Loan Service Corp. ("QLS"), which identified itself as the "Trustee," recorded a Notice of Default against the Property. (Ex. 3 to Compl.) According to the Notice of Default, Plaintiff was in default in the amount of $15,090.92. The Notice indicated that if Plaintiff wished to arrange for payment or had questions about payment, Plaintiff should contact H&R Block Bank ("H&R").

On July 30, 2012, QLS recorded a Notice of Trustee's Sale. (Ex. 4 to Compl.) On August 23, 2012, a Trustee's Sale was held, and SDFS allegedly purchased the Property. (Compl. ¶ 36.)

On August 30, 2012, a Trustee's Deed Upon Sale was recorded, which listed the purported grantee of the Property as SDFS. (Compl. ¶ 37.)

A 3-day notice to quit was served at 7042 San Miguel Ave. as well as 2728 Cornelius Place, which is also on parcel no. 479-250-06 and has the same legal description. (Compl. ¶ 57.)

On September 4, 2012, Plaintiff commenced this action. Plaintiff names as defendants H&R as well as SDFS. Plaintiff's Complaint asserts claims for (1) quiet title; (2) declaratory relief; (3) violation of 15 U.S.C. § 1641(g); (4) waiver; (5) estoppel; (6) fraud; (7) negligent misrepresentation; and (8) unfair business practices.

II. DISCUSSION

SDFS moves for dismissal of Plaintiff's claims against it. As discussed below, the Court agrees that Plaintiff has failed to state a claim against SDFS.

A. Third through Eighth Causes of Action

Plaintiff does not dispute that his third through eighth causes of action do not pertain to SDFS. These claims are based on Plaintiff's allegations that the lender misled him into believing that he would be able to modify his loan and then told Plaintiff at the last minute that he did not qualify for a modification. ...


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