White v. J.P. Morgan Chase, Inc.

167 F. Supp. 3d 1108, 2016 U.S. Dist. LEXIS 28136, 2016 WL 861124
CourtDistrict Court, E.D. California
DecidedMarch 4, 2016
DocketNo. 2:15-CV-01775-MCE-AC
StatusPublished
Cited by12 cases

This text of 167 F. Supp. 3d 1108 (White v. J.P. Morgan Chase, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. J.P. Morgan Chase, Inc., 167 F. Supp. 3d 1108, 2016 U.S. Dist. LEXIS 28136, 2016 WL 861124 (E.D. Cal. 2016).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., CHIEF JUDGE, UNITED STATES DISTRICT COURT

Through this action, Plaintiffs Patrick White and Nelda White (“Plaintiffs”) allege causes of action for promissory estop-pel, intentional misrepresentation, and negligent misrepresentation against Defendants J.P. Morgan Chase, Inc. (“Chase”) and Select Portfolio Servicing, Inc. (“SPS”) arising from Defendants’ alleged promises for a loan modification. Pending before the Court are Defendants’ Motions to Dismiss the operative First Amended Complaint (“FAC”). ECF Nos. 13, 18. For the reasons that follow, Defendants’ Motions to Dismiss are GRANTED.1

BACKGROUND2

On April 17, 2006, Plaintiffs secured a $1,350,000.00 loan to purchase the property located at 8915 Los Posas Court, Granite Bay, CA 95746 (the “Property”). This loan was secured by a deed of trust recorded against the Property with RMR Financial, DBA Princeton Capital.

A. The First Loan Modification

In late September 2012, a Chase representative called Mr. White to ask if Plaintiffs would be interested in a loan modification instead of foreclosure. Based on the oral information provided by Mr. White, the Chase representative allegedly indicated that while Plaintiffs appeared to qualify for a loan modification, Plaintiffs’ oral information would have to be verified. The Chase representative sent a Loan Modifi[1111]*1111cation package, and Plaintiffs returned the completed package to Chase.

During October, November and December 2012, the Chase representative demanded that Plaintiffs take certain actions as conditions of the loan modification. The conditions of the loan modifications included: (1) taking the Property off the market for sale in November 2012; (2) not renting the house in whole or in part; (3) maintaining the Property and fire insurance; (4) paying the monthly Home Owners Association assessments; (5) paying the gardener; (6) paying the pool service; (7) maintaining the Home Owner’s Insurance Warranty to cover any necessary home repairs; and (8) replacing the pool motor. In March 2013, the Chase representative requested additional documentation, and Plaintiffs provided it. Plaintiffs allege that Chase mishandled the documents and denied the loan modification later that month.

B. The Second Loan Modification

Shortly after Chase’s initial denial described above, a Chase representative again called Mr. White regarding Plaintiffs’ interest in a potential loan modification. Plaintiffs again completed a Loan Modification package. On July 11, 2013, Chase denied the loan modification in writing because the unpaid principal balance exceeded the maximum amount eligible for a loan modification, and because Plaintiffs’ income was insufficient.

C. The Third Loan Modification

In July 2013, Plaintiffs received a written notice from Chase that Chase sold the servicing of their loan effective as of August 1, 2013 to SPS. On August 29, 2013, an SPS representative called regarding Plaintiffs’ interest in a loan modification. The representative informed that based on oral information provided by Plaintiffs, they appeared to qualify for a loan modification. Plaintiffs were allegedly told that, contingent upon verification of that oral information, they would in fact receive a loan modification. SPS sent a Loan Modification Package shortly thereafter. Relying on what they believed was a forthcoming loan modification, Plaintiffs performed the following actions: (1) maintained the property and fire insurance; (2) paid the monthly Home Owners Association assessments; (3) paid the gardener; (4) paid the pool service; (5) maintained the Home Owner’s Insurance Warranty; (5) repaired the freezer and dishwasher; and (6) bought a new washing machine. Upon verification, however, SPS denied Plaintiffs a loan modification. Plaintiffs have exhausted the appeals process with respect to that decision.

STANDARD

On a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6)3, all allegations of material fact must be accepted as true and construed in the light most favorable to the nonmoving party. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir.1996). Rule 8(a)(2) requires only “a short and plain statement of the claim showing that the pleader is entitled to relief’ in order to “give the defendant fair notice of what the ... claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). A complaint attacked by a Rule 12(b)(6) motion to dismiss does not require detailed factual [1112]*1112allegations. However, “a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. (internal citations and quotations omitted). A court is not required to accept as true a “legal conclusion couched as a factual allegation.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “Factual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citing 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1216 (3d ed.2004) (stating that the pleading must contain something more than “a statement of facts that merely creates a suspicion [of] a legally cognizable right of action.”)).

Furthermore, “Rule 8(a)(2) ... requires a showing, rather than a blanket assertion, of entitlement to relief.” Twombly, 550 U.S. at 556 n. 3, 127 S.Ct. 1955 (internal citations and quotations omitted). Thus, “[without some factual allegation in the complaint, it is hard to see how a claimant could satisfy the requirements of providing not only ‘fair notice’ of the nature of the claim, but also ‘grounds’ on which the claim rests.” Id. (citing 5 Charles Alan Wright & Arthur R. Miller, swpra, at § 1202). A pleading must contain “only enough facts to state a claim to relief that is plausible on its face.” Id. at 570, 127 S.Ct. 1955. If the “plaintiffs ... have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed.” Id. However, “[a] well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and ‘that a recovery is very remote and unlikely.’ ” Id. at 556, 127 S.Ct. 1955 (quoting Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974)).

A court granting a motion to dismiss a complaint must then decide whether to grant leave to amend.

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Bluebook (online)
167 F. Supp. 3d 1108, 2016 U.S. Dist. LEXIS 28136, 2016 WL 861124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-jp-morgan-chase-inc-caed-2016.