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Contracts
Breach of Contract
Loan Modification

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

Aminah Williams

Elaine D. Etingoff
(Stephen R. Golden & Associates)

Stephen R. Golden
(Stephen R. Golden & Associates)


Defendant

Justin D. Balser
(Akerman LLP)

Shiraz Simonian


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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