(PS) McManus v. NBS Default Services, LLC et al, No. 2:2018cv02047 - Document 28 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 12/10/2018 ADOPTING 22 Findings and Recommendations in full and GRANTING IN PART and DENYING IN PART 8 Motion to Dismiss. (York, M)
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(PS) McManus v. NBS Default Services, LLC et al Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PRISCILLA McMANUS, 12 13 14 15 16 No. 2:18-cv-2047 JAM AC (PS) Plaintiff, v. ORDER NBS DEFAULT SERVICES, LLC; BANK OF AMERICA, N.A.; NATIONSTAR MORTGAGE, LLC; AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 17 Defendants. 18 19 20 21 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On September 10, 2018, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within twenty-one days. ECF No. 22. 24 Defendants have filed objections to the findings and recommendations. ECF 25. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 10, 2018 are adopted in full; 3 2. Defendants’ motion to dismiss is GRANTED in part and DENIED in part as follows: 4 a) Defendants’ motion to dismiss is granted as to (1) negligence; (3) 5 cancellation of voidable contract under Rev. & Tax Code §§ 233304.1, 6 23305A, and Cal. Corp. Code §§ 191(c)(7); and (8) slander of title; these 7 claims are dismissed without leave to amend; 8 9 10 b) Defendants’ motion to dismiss is GRANTED as to (2) fraud; and (4) to void or cancel assignments of deed of trust, but plaintiff is allowed to amend these claims; and 11 c) Defendants’ motion is DENIED as to (5) breach of implied covenant of 12 good faith and fair dealing; (6) violation of California business and 13 professions code section 17200 et seq.; (7) quiet title; and (9) wrongful 14 foreclosure. 15 16 17 DATED: December 10, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2