Cherie J. Morgan v. Aurora Loan Services LLC, Mortgage Electronic Registration Systems, and Does 1 through 100, inclusive
Published: Aug. 2, 2014 | Result Date: Jan. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-04350-CAS-MRW Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Elaine D. Etingoff
(Stephen R. Golden & Associates)
Stephen R. Golden
(Stephen R. Golden & Associates)
Defendant
Justin D. Balser
(Akerman LLP)
Facts
Cherie Morgan sued Aurora Loan Services LLC and Mortgage Electronic Registration Systems, in connection with the foreclosure proceedings that defendants instituted on her property.
Contentions
PLAINTIFF'S CONTENTIONS:
Morgan alleged that defendants wrongfully initiated foreclosure proceedings against her real property located in Pasadena. She asserted causes of action for breach of loan modification contract, intentional misrepresentation, set aside trustee's sale, cancel trustee's deed, quiet title, promissory estoppel, accounting, breach of implied covenant of good faith and fair dealing, unfair business practices, and unlawful foreclosure.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss Morgan's third amended complaint for failure to state a claim.
Result
The court previously dismissed Morgan's original complaint, first amended complaint, and second amended complaint with prejudice except for her breach of contract claim. Morgan's third amended complaint asserted a single claim for breach of contract. The court then granted defendants' motion to dismiss because Morgan failed to show that defendants breached any contacts or agreements, and dismissed Morgan's claim for breach of contract with prejudice.
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