Because plaintiff isnt a government official otherwise personnel, and because defendants don’t file encumbrances against the debated assets since the retribution for formal political obligations, plaintiff cannot county a legal online installment loans Georgia claim having invalid burden.
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. Look for Or. Rev. Stat. (“[a]ny 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 allege, plaintiff connects a copy of a good “statement out of difficulty” letter she taken to the financial institution away from America Home loans system and a loan amendment request means you to she delivered to “BAC – Home Retention Office – (One Broker)
After that, as underlying basis with the claim try defendants’ alleged con in making and you may recording the new allegedly “defective” documents, plaintiff need to meet the increased pleading standards intricate from inside the Fed. Roentgen. Civ. P. 9(b). As such, plaintiff’s claim goes wrong because of it more need. Defendants’ motion is for this reason granted concerning plaintiff’s 6th allege.
Plaintiff alleges you to Stacy Blouin, a worker away from BNYM, lied inside her affidavit because of the testifying you to she had not received an obtain a meeting 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. Region. 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.
Second, regardless if perjury was a cognizable municipal claim, plaintiff have not alleged any factors, past mere conclusory accusations, that Ms. Blouin lied in her affidavit otherwise is pretending poorly when it comes to help you BNYM. ” SAC Ex. B, from the 3-5. These records, yet not, are not able to demonstrate that Ms. Blouin actually gotten otherwise had knowledge of these data, particularly since they weren’t treated in order to her. As such, plaintiff doesn’t state a state getting municipal perjury; consequently, defendants’ motion are provided where respect.
