November 30, 2013
California Court Dismisses Plaintiff’s Claims of Federal and State Law Violation
The court in deciding Brashears v. Bank of Am. Home Loans, 2013 U.S. Dist. LEXIS 152478 (C.D. Cal. Oct. 22, 2013) dismissed the plaintiff’s complaint, which alleged violations of federal and state law in connection with the issuance of a mortgage loan.
Plaintiff filed a complaint against defendants Bank of America, Countrywide Home Loans, The Bank of New York Mellon, ReconTrust Company, CWALT, Inc., and MERS alleging violations of federal and state law in connection with the issuance of a mortgage loan and the subsequent foreclosure of plaintiff’s property.
Plaintiff’s complaint alleged: (1) slander of title; (2) violation of California Penal Code § 470(b), (d); (3) violation of the California Civil Code §§ 2923.55, 2924.12 and 2924.17; (4) intentional and negligent misrepresentation; (5) fraud, deceit and concealment; (6) violation of California Civil Code § 1572; (7) violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g; (10) quiet title; (11) violation of California Business and Professions Code § 17200; (12) violation of the Unruh Civil Rights Act, California Civil Code § 51; and (13) declaratory relief.
After considering the arguments alleged by the plaintiff, the court ultimately granted the defendants’ motion to dismiss.
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