Since the plaintiff isnt a national official or employee, and since defendants didn’t document encumbrances up against the disputed assets as the retribution for authoritative governmental commitments, plaintiff you should never state a statutory allege to have invalid 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. Come across 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 unique allege, plaintiff connects a copy regarding an effective « report regarding adversity » letter she provided for the lending company out-of America Lenders program and you will a loan modification consult mode one she sent to « BAC – Home Preservation Division – (Any Agent)
Next, while the root basis with the allege is actually defendants’ so-called scam for making and recording the new allegedly « defective » files, plaintiff need certainly to meet with the increased pleading conditions in depth from inside the Given. Roentgen. Civ. P. 9(b). As such, plaintiff’s claim goes wrong for this more reason. Defendants’ activity is therefore provided on plaintiff’s sixth claim.
Plaintiff alleges one Stacy Blouin, a worker off BNYM, lied inside her affidavit from the testifying you paydayloansconnecticut.com/new-preston/ to definitely she hadn’t received a request an event otherwise 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. Location. 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. 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.
Next, even when perjury is actually a cognizable civil claim, plaintiff have not so-called people issues, beyond simple conclusory allegations, one to Ms. Blouin lied in her affidavit or try pretending badly when it comes so you can BNYM. » SAC Ex lover. B, on step three-5. These records, however, don’t demonstrate that Ms. Blouin indeed acquired otherwise got expertise in these data, particularly because they were not treated in order to their particular. Therefore, plaintiff does not state a state to own municipal perjury; accordingly, defendants’ activity try offered where respect.