Mark Allen Andrews v. Nationstar Mortgage LLC, and Does 1 through 50, inclusive
Published: Mar. 11, 2017 | Result Date: Jan. 13, 2017 | Filing Date: Jan. 1, 1900 |Case number: 5:16-cv-01611-SVW-AJW Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Stephen R. Golden
(Stephen R. Golden & Associates)
Defendant
Macey A. Chan
(Green & Hall LLP)
Howard D. Hall
(Green & Hall LLP)
Facts
Plaintiff Mark Andrews filed suit against Nationstar Mortgage LLC related to the foreclosure of his Montclair home.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendants violated the law by refusing to stop the foreclosure on his home even though plaintiff had completed a loan modification package and committed a fraudulent business practice by refusing the cancel the foreclosure sale. He claimed that defendants were without any right, title, interest or lien in his property.
Plaintiff asserted causes of action in his first amended complaint for violation of California Civil Code section 2923.6 (part of the California Homeowner Bill of Rights), violation of Business and Professions Code section 17200 for unfair, fraudulent business practice, and quiet title.
DEFENDANT'S CONTENTIONS:
Nationstar Mortgage contended in its motion to dismiss that plaintiff's amended complaint contained the same deficient allegations from his original complaint, relying on the same conclusory allegations that failed to state a claim against it.
Result
The court granted defendant's motion with prejudice.
Other Information
FILING DATE: Nov. 21, 2016.
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