James D. Gilbert v. Chase Home Finance LLC, JPMorgan Chase Bank N.A.
Published: Jul. 4, 2014 | Result Date: Jul. 31, 2013 | Filing Date: Jan. 1, 1900 |Case number: 1:13-cv-00265-AWI-SKO Bench Decision – Dismissal
Court
USDC Eastern
Attorneys
Plaintiff
Michael J. Yesk
(Yesk Law)
Megan Ann Dailey
(Law Office of Megan A. Dailey)
Defendant
Facts
James Gilbert sued Chase Home Finance LLC and related entities for breach of implied agreement and other causes of action.
Contentions
PLAINTIFF'S CONTENTIONS:
Gilbert owned real property in Turlock. In 2007, he obtained a residential loan on the property, which was secured by a deed of trust. The deed of trust was later transferred from J.P. Morgan to Freddie Mac, and eventually came into the possession of Chase.
Gilbert later filed suit against Chase for breach of express agreement, breach of implied agreement, slander of title, violation of California Business & Professions Code, money had and received, and violation of federal statutes.
DEFENDANT'S CONTENTIONS:
Chase moved to dismiss, arguing that Gilbert's claims failed due to insufficient facts and lack of standing.
Result
The court granted Chase's motion to dismiss.
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