While the plaintiff isnt an authorities official otherwise personnel, and since defendants didn’t file encumbrances resistant to the debated property because retribution getting formal political obligations, plaintiff you should never state installment loan West Virginia a statutory claim to own 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. Find 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 particular claim, plaintiff links a duplicate off good “declaration out of difficulty” page she delivered to the financial institution of America Home loans program and you can a loan amendment demand function you to she provided for “BAC – House Maintenance Department – (People Agent)
Then, due to the fact root base associated with allege is actually defendants’ so-called ripoff for making and you will tape the brand new allegedly “defective” files, plaintiff must meet with the heightened pleading criteria detailed into the Provided. R. Civ. P. 9(b). As a result, plaintiff’s allege goes wrong for it additional reason. Defendants’ action is actually thus supplied regarding plaintiff’s sixth allege.
Plaintiff alleges one to Stacy Blouin, a worker of BNYM, lied in her own affidavit by testifying you to definitely she hadn’t received an ask for 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 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. Metro. 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 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. All of 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, in the event perjury is actually a cognizable civil claim, plaintiff has not yet so-called one things, beyond mere conclusory allegations, that Ms. Blouin lied inside her affidavit otherwise try acting poorly in regard to help you BNYM. ” SAC Ex. B, during the step three-5. These data files, however, are not able to show that Ms. Blouin in fact gotten or had expertise in these records, specifically because they weren’t addressed so you’re able to their particular. As such, plaintiff does not county a claim to own civil perjury; consequently, defendants’ activity is actually granted where esteem.
