Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Barrios v. H&R Block Bank

United States District Court, Ninth Circuit

August 6, 2013

E SALVADOR BARRIOS, Plaintiff,
v.
H&R BLOCK BANK, et al., Defendants.

ORDER GRANTING MOTIONS TO DISMISS FIRST AMENDED COMPLAINT

BARRY TED MOSKOWITZ, Chief District Judge.

Defendant San Diego Financial Services, Inc. ("SDFS") and H&R Block Bank ("H&R") have filed motions to dismiss Plaintiff's First Amended Complaint ("FAC"). For the reasons discussed below, Defendants' motions are

GRANTED.

I. BACKGROUND

On or about November 8, 2006, Plaintiff E. Salvador Barrios ("Plaintiff") borrowed $562, 500 from Paramount Equity Mortgage. The note was secured by a Deed of Trust. (H&R's RJN, Ex. 1.) 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." The Deed of Trust listed the Property Address as "7042 San Miguel, Lemon Grove, California, 91945-2135."

In a Corporation Assignment of Deed of Trust executed on March 30, 2011, and recorded on April 11, 2011, Sand Canyon Corporation fka Option One Mortgage Corporation assigned all beneficial interest under the Deed of Trust to H&R. (H&R's RJN, Ex. 5.) (Documents assigning beneficial interest under the Deed of Trust to Sand Canyon Corporation are not part of the record, but Plaintiff does not dispute that the Deed of Trust had previously been assigned to Sand Canyon Corporation.)

On April 24, 2012, Quality Loan Service Corp. ("QLS"), which identified itself as the "Trustee, " recorded a Notice of Default against the Property. (H&R's RJN, Ex. 2.) 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.

On July 30, 2012, QLS recorded a Notice of Trustee's Sale. (H&R's RJN, Ex. 3.) On August 23, 2012, a Trustee's Sale was held, and SDFS purchased the Property. (FAC ¶¶ 35-36.)

On August 30, 2012, a Trustee's Deed Upon Sale was recorded. The deed lists the grantee of the Property as SDFS. (H&R's RJN, Ex. 4.)

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. (FAC ¶¶ 37-38, 57)

On September 4, 2012, Plaintiff commenced this action.

In an Order filed on March 25, 2013, the Court granted a motion to dismiss filed by SDFS.

On April 12, 2013, Plaintiff ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.