Since the plaintiff isnt a federal government specialized or staff member, and since defendants didn’t file encumbrances up against the debated property once the retribution to have certified political requirements, plaintiff don’t state a legal allege getting 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. Select 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 claim, plaintiff connects a copy regarding an excellent “report off difficulty” page she sent to the bank out-of The usa Home loans system and you may that loan amendment demand setting one she sent to “BAC – Domestic Maintenance Division – (Any Representative)
Next, since the fundamental foundation with the allege was defendants’ so-called swindle in creating and tape the latest allegedly “defective” files, plaintiff need to meet with the increased pleading criteria intricate from inside the Provided. R. Civ. P. 9(b). Therefore, plaintiff’s allege fails for this extra need. Defendants’ action was therefore granted concerning plaintiff’s sixth claim.
Plaintiff alleges you to Stacy Blouin, a member of staff out-of BNYM, lied inside her affidavit from the testifying you to definitely she hadn’t acquired a request for a conference otherwise loan modification
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].” safe loans with no credit 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. Location. 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 Specialists., Inc. v. Edwards, 464 F.Supp.2d 1063, 1067 (W.D.Wash. 2006) (“there is no civil cause of action for perjury”); Ting v. You, 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.
2nd, though perjury try a great cognizable civil allege, plaintiff has not so-called people points, past simple conclusory allegations, one to Ms. Blouin lied inside her affidavit otherwise try acting poorly in regard so you’re able to BNYM. ” SAC Ex. B, in the step three-5. These data files, not, are not able to reveal that Ms. Blouin actually obtained otherwise had experience in this type of data, especially simply because they were not managed in order to her. As a result, plaintiff fails to condition a state to own civil perjury; consequently, defendants’ actions try granted where value.