Since plaintiff isnt a government specialized otherwise employee, and since defendants did not file encumbrances up against the disputed assets just like the retribution to possess certified governmental commitments, plaintiff dont state a statutory allege to own incorrect 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. Pick 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.
In support of their allege, plaintiff attaches a copy from a beneficial “declaration off difficulty” letter she taken to the lending company of The united states Mortgage brokers program and you can that loan amendment consult mode one she delivered to “BAC – House Storage Office – (One Agent)
Then, as the underlying basis associated with allege is defendants’ alleged scam in creating and you will tape new allegedly “defective” documents, plaintiff must meet up with the increased pleading criteria outlined when you look at the Provided. Roentgen. Civ. P. 9(b). As such, plaintiff’s claim fails for it additional reason. Defendants’ actions try therefore supplied regarding plaintiff’s 6th claim.
Plaintiff alleges that Stacy Blouin, a worker from BNYM, lied in her affidavit from the testifying one she hadn’t obtained a request 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 Arkansas personal loans 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. Town. Transportation, 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 of if perjury is good cognizable municipal allege, plaintiff have not alleged one affairs, beyond mere conclusory allegations, you to Ms. Blouin lied within her affidavit or was acting improperly when it comes to help you BNYM. ” SAC Ex lover. B, at the step 3-5. These documents, however, neglect to reveal that Ms. Blouin actually received otherwise had experience with these types of records, specifically simply because they were not addressed in order to their particular. Therefore, plaintiff does not state a claim having civil perjury; properly, defendants’ motion was granted in that admiration.
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