Just like the plaintiff isnt a national official or staff, and since defendants did not file encumbrances contrary to the disputed assets while the retribution for specialized political obligations, plaintiff dont county a legal allege having incorrect encumbrance.
As stated in the Opinion, the fact that these documents were recorded in Lane County does not establish that they were in anyway invalid. Opinion at 21. Plaintiff does not explain how these documents are “defective”; as such, plaintiff cannot state a claim for relief because she dose not allege “sufficient . . . underlying facts” in support of her claim. Starr, 652 F.3d at 1216.
Moreover, plaintiff’s assertion that defendants had knowledge of the allegedly invalid encumbrances “because they each had persons in their employ who . . . create[d] fictitious documents” is similarly vague and conclusory. Thus, plaintiff is again merely asserting the elements of a claim, without identifying any particular facts entitling her to relief. Find Or. Rev. Stat. (“[a]ny advance cash cash loan payday California person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property”). Plaintiff’s invalid encumbrance claim is improperly plead and therefore dismissed.
To get their own claim, plaintiff links a duplicate out-of a great “report of adversity” letter she sent to the financial institution out-of The usa Home loans system and you can a loan amendment consult form you to definitely she delivered to “BAC – Home Retention Section – (People Agent)
After that, as the fundamental basis of claim is defendants’ alleged fraud in making and you may tape the fresh presumably “defective” files, plaintiff need certainly to meet up with the increased pleading standards outlined when you look at the Provided. Roentgen. Civ. P. 9(b). Therefore, plaintiff’s allege fails because of it more cause. Defendants’ activity was thus offered concerning plaintiff’s sixth allege.
Plaintiff alleges that Stacy Blouin, a worker regarding BNYM, lied in her own affidavit by the testifying you to she hadn’t received an obtain a conference or loan mod
Plaintiff’s final claim is for civil perjury. SAC 62. In addition, plaintiff contends that w[t]he assertion that Stacy L. Blouin was acting for BNYM was knowingly false [because] Ms. Blouin was acting for [BAC and ReconTrust].” Id. Plaintiff’s seventh claim fails for two reasons.
First, plaintiff has not cited to, and this Court is not aware of, any authority which supports a civil cause of action for perjury. The Oregon statutes that govern perjury are all criminal in nature. See Or. Rev. Stat. , , . Moreover, while Oregon has not explicitly addressed this issue, all other districts within this Circuit have uniformly held that “there is no civil cause of action for perjury; it is a criminal offense.” Lowrv v. Area. Transit, 2010 WL 2485611, *2 (S.D.Cal. trak Rys., USA, 2010 WL 891933, *2 (E.D.Cal. ) (“California law does not recognize a civil cause of action for perjury”); FMC Techs., Inc. v. Edwards, 464 F.Supp.2d 1063, 1067 (W.D.Wash. 2006) (“there is no civil cause of action for perjury”); Ting v. Us, 927 F.2d 1504, 1515 (9th Cir. 1991) (“a civil action for damages for injuries arising from false testimony or perjury is not recognized in California”). As such, plaintiff is unable to state a claim for civil perjury, as no such cause of action exists.
Next, regardless if perjury is actually an effective cognizable civil claim, plaintiff has not so-called people activities, beyond mere conclusory allegations, you to Ms. Blouin lied within her affidavit otherwise is acting defectively in regard so you can BNYM. ” SAC Ex lover. B, from the 3-5. This type of records, but not, are not able to reveal that Ms. Blouin in reality received or got knowledge of these types of data files, specifically since they just weren’t handled in order to their particular. As a result, plaintiff fails to state a state to own municipal perjury; accordingly, defendants’ motion was provided because admiration.
