Since the plaintiff isnt a federal government authoritative or staff member, and because defendants failed to document encumbrances resistant to the debated possessions because the retribution having formal governmental duties, plaintiff do not condition a statutory allege to have 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. Look for 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 attaches a copy from a « statement out-of hardship » letter she taken to the bank away from America Mortgage brokers system and you can that loan modification demand mode that she sent to « BAC – Home Maintenance Division – (One Representative)
Further, while the root base regarding the claim are defendants’ so-called scam when making and you may tape the allegedly « defective » documents, plaintiff have to meet with the heightened pleading standards intricate within the Provided. R. Civ. P. 9(b). Therefore, plaintiff’s allege goes wrong for it additional need. Defendants’ action try thus offered concerning plaintiff’s 6th allege.
Plaintiff alleges one Stacy Blouin, an employee from BNYM, lied in her own affidavit of the testifying one she hadn’t gotten a request a meeting 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 Bigelow Corners cash loan. 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. Region. 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. 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, regardless if perjury is actually a beneficial cognizable civil claim, plaintiff has never so-called people facts, past simple conclusory allegations, you to Ms. Blouin lied within her affidavit or is actually pretending badly when it comes so you’re able to BNYM. » SAC Ex lover. B, on step three-5. These types of documents, although not, are not able to reveal that Ms. Blouin actually acquired otherwise got knowledge of these data files, specifically because they just weren’t managed so you can their unique. As a result, plaintiff does not county a claim to possess civil perjury; correctly, defendants’ activity are provided in this value.