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Sandra E. Williams v. Bank of America

May 6, 2013

SANDRA E. WILLIAMS, PLAINTIFF,
v.
BANK OF AMERICA, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

ORDER AND FINDINGS & RECOMMENDATIONS

On May 1, 2013, the court held a hearing on defendants' January 2, 2013 motion to dismiss. Sandra E. Williams appeared in pro per. There were no appearances for defendants.*fn1 On review of the motion and the documents filed in support and opposition, after hearing the arguments of plaintiff, and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND Plaintiff is proceeding in this action on the original complaint filed October 9, 2012. The pleading is 118 pages long (with over 400 paragraphs) and has attached to it 1,239 pages of exhibits. Plaintiff names as defendants "Bank of America Corporation, Bank of America, National Association, f/k/a; BAC Home Loans Servicing, LP, f/k/a; Countrywide Home Loans Servicing, LP f/k/a/; Countrywide Home Loans Inc. f/k/a; Countrywide Financial Corporation f/k/a; Countrywide Mortgage Ventures LLC, f/k/a/; Countrywide Bank, FSB, f/k/a/; Treasury Bank National Association; SOL Homes, LLC; and any successors in interest; Does 1-1000." Compl. at 1.

While it is difficult to separate plaintiff's factual allegations from, inter alia, case citations, quotes, and discussion of the history of lending practices in the United States, it appears plaintiff's claims are directed to the origination and servicing of a $260,000 mortgage loan entered into on January 6, 2005 and secured by real property located at 1215 Pheasant Drive, Suisun City, CA 94585. See Defs.' Request for Judicial Notice ("RJN"), Ex. 1. Plaintiff's claims are also directed to the non-judicial foreclosure of the Subject Property, which occurred following the March 12, 2009 recording of a Notice of Default in the Solano County Recorder's Office. RJN, Ex. 4.

The Subject Property was sold at a Trustee's Sale on July 7, 2009. RJN, Ex. 7. On an unspecified date, defendants filed an unlawful detainer action in Solano County. Also on an unspecified date, plaintiff filed a bankruptcy petition.

Plaintiff premises jurisdiction in this court on the basis of her federal claims, which are brought pursuant to (1) the False Claims Act ("FCA"), 31 U.S.C. § 3729, (2) the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), 12 U.S.C. § 1833a, (3) the Servicemembers Civil Relief Act ("SCRA"), 50 U.S.C. § 501 et seq., (4) the Civil Rights Act of 1964, 42 U.S.C. § 1983 for violations of the Due Process Clause and the Equal Protection Clause, (5) the Declaratory Judgment Act, 28 U.S.C. § 2201, (6) the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 --1692p, (7) the Fair Housing Act ("FHA"), 42 U.S.C. § 3605(a), and (8) the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. § 1691, and (9) 42 U.S.C. § 1986.

On January 2, 2013, defendants Bank of America and Bank of America Corporation filed a motion to dismiss, to which defendant SOL Homes LLC filed a joinder. ECF Nos. 13, 21. Plaintiff opposes the motion.

LEGAL STANDARDS

The purpose of a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is to test the legal sufficiency of the complaint. N. Star Int'l v. Ariz. Corp. Comm'n, 720 F.2d 578, 581 (9th Cir. 1983). "Dismissal can be based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). A plaintiff is required to allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Thus, a defendant's Rule 12(b)(6) motion challenges the court's ability to grant any relief on the plaintiff's claims, even if the plaintiff's allegations are true.

In determining whether a complaint states a claim on which relief may be granted, the court accepts as true the allegations in the complaint and construes the allegations in the light most favorable to the plaintiff. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); Love v. United States, 915 F.2d 1242, 1245 (9th Cir. 1989).

DISCUSSION

A. Request for Judicial Notice

Defendants ask the court to take judicial notice of documents accompanying the motion to dismiss. See RJN (ECF No. 14). The court may take notice of facts that are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b); United States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). Facts subject to judicial notice may be considered by a court on a motion to dismiss. In re Russell, 76 F.3d 242, 244 (9th Cir. 1996). In actions arising from mortgage disputes, courts may take judicial notice of the deed of trust and other documents pertaining to the loan. Kelley v. Mortgage Electronic Registration Systems, Inc., 642 F. Supp. 2d 1048, 1052-53 (N.D. Cal. 2009). A court may also take "judicial notice of matters of public record outside the pleadings." Indemnity Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986). The court has examined each of the exhibits for which judicial notice is requested and finds that each of the exhibits is suitable for judicial notice as matters of public record outside of the pleadings. See Fed. R. Evid. 201(b).

B. Federal Claims

Because the court's jurisdiction over this case hinges on the presence of an actionable federal claim, the court turns first to plaintiff's federal claims, which are reproduced here: (1) the False Claims Act ("FCA"), 31 U.S.C. § 3729, (2) the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), 12 U.S.C. § 1833a, (3) the Servicemembers Civil Relief Act ("SCRA"), 50 U.S.C. § 501 et seq., (4) the Civil Rights Act of 1964, 42 U.S.C. § 1983 for violations of the Due Process Clause and the Equal Protection Clause, (5) the Declaratory Judgment Act, 28 U.S.C. § 2201, (6) the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § ...


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