Jacqueline M. Rogers, an individual and borrower; Justin Alan Rogers, an individual v. JPMorgan Chase Bank, N.A.; Trustee Corps; and Does 1 through 10, inclusive
Published: May 21, 2016 | Result Date: Apr. 18, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-01535-PA-GJS Bench Decision – Dismissal in part
Court
USDC Central
Attorneys
Plaintiff
Tala Rezai
(Clark Hill LLP)
Defendant
David M. Liu
(Parker Ibrahim & Berg LLP)
John M. Sorich
(Parker Ibrahim & Berg LLC)
Facts
Jacqueline Rogers and Justin Rogers sued JPMorgan Chase Bank NA, and Trustee Corps, for the alleged wrongful foreclosure of their home.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff Jacqueline obtained a loan secured by a deed of trust on the subject property located in Simi Valley. Following her default, defendants allegedly instituted nonjudicial foreclosure proceedings. Plaintiffs attempted to pay the arrearages of just a few months, which defendants rejected. Defendants also allegedly refused to work with them in obtaining a loan modification. Ultimately, the property was sold at a foreclosure sale. Plaintiffs then brought this lawsuit asserting violation of California's Homeowner Bill of Rights, unfair business practices, wrongful foreclosure, breach of contract, violation of the Servicemembers Civil Relief Act, and promissory estoppel.
DEFENDANTS' CONTENTIONS:
Defendant moved to dismiss the complaint. Defendant claimed Justin lacked standing to assert any of the claims because he was not a borrower under the loan. As to plaintiff Jacqueline, defendants argued she failed to allege her ability to tender and she admittedly defaulted on her loan, thereby causing her own damages. Defendant claimed all of the other claims fail as well.
Result
The district court dismissed the only federal claim (violation of the Servicemembers Civil Relief Act) and thereafter declined to exercise jurisdiction over plaintiffs' state law claims. As such, the matter was remanded to the state court.
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