Plaintiff debtor brought a complaint containing eight claims for relief against defendant, a home loan servicer. The loan servicer filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss.
The court determined that the motion to dismiss debtor’s first claim for relief for fraud should be granted with leave to amend, (a) because the complaint did not allege: (i) a false representation, (ii) knowledge of its falsity, (iii) intent to defraud, (iv) justifiable reliance, and (v) damages, and (b) because the complaint did not allege matters required by Fed. R. Civ. P. 9(b). Debtor’s second claim for relief was for slander of title. Debtor’s third claim for relief was for wrongful foreclosure. Debtor’s fourth claim for relief was for quiet title. Debtor’s fifth claim for relief was for promissory estoppel. Debtor’s sixth claim for relief alleged unfair business practices under Cal. Bus. & Prof. Code § 17200 et seq. Debtor’s seventh claim sought declaratory relief that the Mortgage Electronic Registration Systems impermissibly bifurcated the note from the deed of trust. Debtor’s eighth claim was for fraud. The court determined that the motion to dismiss that claim should be granted with leave to amend, because the complaint did not allege: (a) a false representation, (b) knowledge of its falsity, (c) intent to defraud, (d) justifiable reliance, and (e) damages.
The civil litigation attorney motion to dismiss was granted with leave to amend as to seven of the eight claims for relief. The motion was granted without leave to amend as to the seventh claim for relief.
HOLDINGS: -Plaintiff’s motion for a default judgment was granted in its suit asserting trademark infringement, unfair competition, and false designation of origin because committed an intentional act by creating and operating a social media account using the registered name of plaintiff and plaintiff established that there was a strong likelihood of confusion with the public; -The court held that defendant failed to appear and respond to the suit, thus, that factor favored entry of default judgment.
Plaintiff’s motion for a default judgment granted.