As the plaintiff is not a federal government certified or personnel, and since defendants don’t file encumbrances contrary to the debated possessions due to the fact retribution for authoritative governmental responsibilities, plaintiff don’t county a legal claim to possess 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. 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.
To get their claim, plaintiff attaches a copy regarding a great “statement regarding difficulty” page she provided for the financial institution off The united states Lenders program and you will that loan modification consult form one she provided for “BAC – Family Storage Department – (One Agent)
After that, as hidden base on the allege are defendants’ so-called ripoff for making and you may recording the presumably “defective” data, plaintiff need meet up with the increased pleading standards outlined for the Fed. Roentgen. Civ. P. 9(b). As such, plaintiff’s claim goes wrong for it a lot more reason. Defendants’ activity is for this reason offered on plaintiff’s sixth allege.
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Plaintiff alleges one Stacy Blouin, a member of staff away from BNYM, lied inside her affidavit by testifying you to she hadn’t gotten a request for an event 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. Area. 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. United states, 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 are good cognizable municipal claim, plaintiff has never alleged people points, beyond mere conclusory allegations, you to Ms. Blouin lied inside her affidavit or was pretending defectively in regard to BNYM. ” SAC Ex. B, within step three-5. This type of documents, not, neglect to show that Ms. Blouin in fact obtained or had knowledge of such documents, specifically because they were not managed so you’re able to her. As a result, plaintiff does not county a claim to have municipal perjury; appropriately, defendants’ action is offered where value.