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Real Property
Negligent Misrepresentation
Promissory Estoppel

Sebastian Ventura v. Ocwen Loan Servicing LLC, and Does 1 through 10, inclusive

Published: Jul. 11, 2015 | Result Date: Dec. 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-04073-GHK-AGR Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Daniel P. Lucid

Nedda Haeri


Defendant

Kristina M. Pelletier
(Wright, Finlay & Zak LLP)

Steve W. Pornbida

T. Robert Finlay
(Wright Finlay & Zak)


Facts

Sebastian Ventura sued Ocwen Loan Servicing LLC, in connection with the foreclosure of his home.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff loaned money to purchase his home in 2004. In 2013, his loan was transferred to defendant for servicing and he thereafter requested mortgage relief. Plaintiff contended that defendant was unreasonable in denying his loan modification application. Plaintiff also contended that defendant acted negligently in denying his attempts. Plaintiff further contended that defendant wrongfully foreclosed on his home.

DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for lack of subject matter jurisdiction given that plaintiff did not assert any federal claim.

Result

Ultimately, the court granted Ocwen's motion to dismiss and dismissed Ventura's claim accordingly.


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