Numa Barnes v. Homeward Residential Inc., Deutsche Bank National Trust Co., Mortgage Electronic Registration Systems Inc., Power Default Services Inc., Fidelity National Title Co., and Does 1 through 100, inclusive
Published: Aug. 2, 2014 | Result Date: Sep. 17, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-03227-SC Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Michael J. Yesk
(Yesk Law)
Megan Ann Dailey
(Law Office of Megan A. Dailey)
Defendant
Facts
Numa Barnes sued Homeward Residential Inc., Deutsche Bank National Trust Co., Mortgage Electronic Registration Systems Inc., Power Default Services Inc., and Fidelity National Title Co., in connection with the foreclosure of her property.
Contentions
PLAINTIFF'S CONTENTIONS:
Barnes alleged that she obtained a $1.3 million loan from American Brokers Conduit, secured by a deed of trust on her property located in Alamo. The deed of trust, on assignment, transferred the beneficial interest to Deutsche Bank. Fidelity recorded a notice of default in late 2011, and a notice of trustee sale in February 2012. In April 2012, Barnes sued Homeward in state court, in connection with the foreclosure proceedings against her property. However, that case was dismissed. In July 2013, Barnes instituted this instant lawsuit against defendants in federal court, alleging causes of action for breach of express agreement, breach of implied agreement, slander of title, wrongful foreclosure, violation of California Civil Code Section 2923.5, violation of the Truth in Lending Act, violation of the Racketeering Influenced and Corrupt Organizations Act, violation of the Fair Debt Practices Act, and violation of the California Unfair Competition Law.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss Barnes' complaint for failure to state a claim. Additionally, Homeward and Fidelity argued that Barnes' complaint was barred by res judicata.
Result
The district court concluded that res judicata barred Barnes' claims. Accordingly, the district court dismissed her complaint with prejudice.
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