Rani Yadav-Ranjan v. Rushmore Loan Management Services LLC, Wilmington Savings Fund Society, FSB
Published: Jan. 11, 2019 | Result Date: Oct. 30, 2018 |Case number: 5:17-cv-03939 Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Gautam Dutta
(Business, Energy, and Election Law PC)
Defendant
Melissa R. Coutts
(McCarthy & Holthus LLP)
Kaitlin E. Preston
(McCarthy & Holthus LLP)
Merritt M. Jones
(Bryan Cave Leighton Paisner LLP)
Facts
Rani Yadav-Ranjan filed suit against defendants Rushmore Loan Management Services LLC and Wilmington Savings Fund Society FSB, under federal and state laws in relation to a $2,240,000 loan default and subsequent property foreclosure.
Contentions
PLAINTIFF'S CONTENTIONS: Yadav-Ranjan alleged that the subsequent foreclosure and conveyance of her home resulted in claims for breach of contract; bid rigging; violation of the Rosenthal Fair Debt Collection Practices Act; violation of the California Homeowner Bill of Rights; and violation of the California Unfair Competition Law. Yadav-Ranjan claimed, inter alia, she was not in default of the loan; the foreclosure proceedings were illegally instituted, as the party conducting the foreclosure proceedings had no legal authority to do so; and Yadav-Ranjan was not notified of foreclosure proceedings.
DEFENDANT'S CONTENTIONS: Defendant denied all allegations. Defendants claimed that notice was properly mailed and publicly advertised. Defendants also presented notices of the outstanding default.
Result
The court granted defendant's motion for summary judgment and dismissed all claims. The court found that Yadav-Ranjan failed to present any evidence supporting its claims and no genuine disputes of material fact existed as to any claim.
Other Information
According to plaintiff, the court did not consider all of Yadav-Ranjan's legal claims, including her claim for wrongful foreclosure brought under California's Unfair Competition Law, and did not consider all evidence presented by Yadav-Ranjan. On that basis, the court found that no genuine disputes of material fact existed as to the claims that it considered. Plaintiff Rani Yadav-Ranjan has appealed the district court's ruling to the Ninth Circuit.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390