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Kassman v. Bank of America, National Association

United States District Court, E.D. California

August 2, 2016

ANTHONY KASSMAN, Plaintiff,
v.
BANK OF AMERICA, NATIONAL ASSOCIATION, a Corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEM; SELECT PORTFOLIO SERVICING, INC, a Corporation; BANK OF NEW YORK MELLON, INC. as Trustee for the Certificate Holder of the CWALT, Inc. Alternative Loan Trust 2005-51 Mortgage Pass-Through Certificates, Series 2005-51; BANK OF NEW YORK MELLON; MTC FINANCIAL, a Corporation dba TRUSTEE CORPS; YORK REAL ESTATE DEVELOPMENT, LLC, a California Limited Liability Company; JAMES YORK, an individual; JOHN SHANER, an individual; and DOES 1 THROUGH 50 inclusive, Defendants.

          Anthony Kassman, Plaintiff, represented by Lyle David Solomon, Lyle D. Solomon, Atorney At Law.

          Bank of America, National Association, Defendant, represented by Jason Matthew Richardson, Severson & Werson.

          Mortgage Electronic Registration System, Defendant, represented by Thomas Andrew Woods, Stoel Rives LLP & Connor Woolsey Olson, Stoel Rives LLP.

          Select Portfolio Servicing, Inc,, Defendant, represented by Thomas Andrew Woods, Stoel Rives LLP & Connor Woolsey Olson, Stoel Rives LLP.

          Bank of New York Mellon, Inc., Defendant, represented by Thomas Andrew Woods, Stoel Rives LLP & Connor Woolsey Olson, Stoel Rives LLP.

          Bank of New York Mellon,, Defendant, represented by Connor Woolsey Olson, Stoel Rives LLP.

          ORDER GRANTING MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

          JOHN A. MENDEZ, District Judge.

         Defendant Bank of America, National Association (BANA) seeks to dismiss Plaintiff Anthony Kassman's ("Plaintiff's") First Amended Complaint (FAC) under Federal Rule of Civil Procedure ("Rule") 8(a)(2) (Doc. #17). For the following reasons, the motion is GRANTED with leave to amend.[1]

         I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

         Plaintiff filed his FAC in state court in December 2015. He alleges twenty-one causes of action, related to the foreclosure of his property. Defendants Mortgage Electronic Registration System, Select Portfolio Servicing, Inc, and Bank Of New York Mellon, Inc. as Trustee for the Certificate Holder of the CWALT, Inc. Alternative Loan Trust 2005-51 Mortgage Pass-Through Certificates, Series 2005-51 (collectively, "Removal Defendants") removed this case on February 26, 2016, asserting subject matter jurisdiction on the basis of federal question jurisdiction. Notice of Removal (Doc. #1) 3:7-11.

         BANA moved to dismiss (Doc. #5), and the motion was fully briefed. Thereafter, the Court issued a minute order dismissing BANA's motion without prejudice for failure to comply with the Court's Order requiring counsel to meet and confer before filing any motion (Doc. #14). BANA filed another motion to dismiss, which Removal Defendants joined (Doc. ##17, 20). Plaintiff opposes (Doc. #22), and both BANA and Removal Defendants have replied (Doc. ##23, 24).

         II. OPINION

         BANA "moves to dismiss on grounds that Plaintiff's 123-page, 613-paragraph operative complaint violates Rule 8's well-established requirement that a pleading contain a short and plain statement of the claim.'" BANA's Mot. to Dismiss Pl.'s FAC Pursuant to Rule 8 ("Mot.") 1:6-8. BANA "requests that this Court dismiss Plaintiff's First Amended Complaint with prejudice. " Id. at 3:9-10.

         In his opposition, Plaintiff argues that he was not subject to the Rule 8 pleading standard when he filed in state court. Pl.'s Opp'n to Mot. & Mem. of P. & A. ISO Same ("Opp'n") 2:26-28, 3:22. Plaintiff asks the Court to "grant ...


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