Facts

Tricia Reyes-Aguilar and Edward Aguilar sued Bank of America NA, Citibank NA, Reconstruct Co. NA, and Mortgage Electronic Registration Systems Inc.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they borrowed $461,500 to purchase a home located in Hayward and secured by a deed of trust. They later entered into a loan modification agreement with the servicer. Following plaintiffs default, the beneficiary of the deed of trust instituted foreclosure procedures. Plaintiffs alleged that the foreclosure was wrongful because the parties that initiated it, defendants, had not lawful interest in the deed of trust. As such, plaintiffs sued, asserting claims for breach of express agreement, breach of implied agreement, slander of title, wrongful foreclosure, violations of Civil Code Section 2923.5, violations of 18 U.S.C. 1962, violations of California Civil Code Section 1788, violations of California Business and Profession Code Section 17200, and injunctive relief.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint for failure to state a claim for relief.

Result

The court granted defendants' motion to dismiss, finding plaintiffs failed to state a claim for relief despite being given the opportunity to amend their complaint. The court also concluded that amendment would be futile, and dismissed plaintiffs' complaint with prejudice.

Other Information

FILING DATE: Dec. 12, 2013.