Due to the fact plaintiff isnt a national official otherwise personnel, and since defendants don’t file encumbrances resistant to the debated property since retribution having authoritative governmental commitments, plaintiff do not state a statutory allege having 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 guaranteed tribal installment loans 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.
Meant for their own allege, plaintiff attaches a duplicate off good “report off adversity” letter she provided for the financial institution regarding America Home loans program and you will financing modification request means you to she taken to “BAC – House Preservation Office – (One Representative)
Next, just like the underlying base in the allege is actually defendants’ so-called ripoff to make and you will recording new presumably “defective” data files, plaintiff have to meet up with the heightened pleading requirements in depth in Given. R. Civ. P. 9(b). As a result, plaintiff’s allege fails for this a lot more cause. Defendants’ actions try ergo provided regarding plaintiff’s 6th allege.
Plaintiff alleges that Stacy Blouin, a member of staff away from BNYM, lied in her own affidavit from the testifying you to definitely she hadn’t received a request an event or 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].” 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 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. 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, even if perjury was a cognizable civil claim, plaintiff have not so-called people activities, beyond mere conclusory allegations, one to Ms. Blouin lied in her own affidavit or try acting poorly in regard in order to BNYM. ” SAC Ex lover. B, within step 3-5. These documents, but not, neglect to reveal that Ms. Blouin actually received or had experience in these data, particularly because they just weren’t treated so you can their particular. As a result, plaintiff does not state a state getting municipal perjury; correctly, defendants’ action are granted in this respect.