United States District Court, W.D. Washington, Seattle
STEPHANIE L. PICKERING and TERRY A. O'KEEFE, Plaintiffs,
BANK OF AMERICA HOME LOANS, et al., Defendants.
ORDER GRANTING MOTION TO DISMISS PLAINTIFFS'
AMENDED CONSOLIDATED COMPLAINT
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant Bank of America,
N.A. (“BANA”)'s Motion to Dismiss, Dkt. #41.
For the reasons stated below, the Court GRANTS
Defendant's Motion and dismisses this case.
of 2008, Plaintiffs Stephanie L. Pickering and Terri A.
O'Keefe executed a negotiable promissory note and a
security interest in the form of a Deed of Trust in the
amount of $210, 000 in favor of Golf Savings Bank/JP Morgan
Chase. On or about June, 2009, Plaintiffs refinanced and
executed a negotiable promissory note and Deed of Trust for
$207, 000 with one or more Defendants. Plaintiffs experienced
financial difficulties and appear to have defaulted on their
mortgage in July of 2011. Plaintiffs contacted Defendant BANA
and requested mortgage assistance; instead they entered into
a “Special Forbearance Agreement.” Plaintiffs
allege that they satisfied this agreement and qualify for a
loan modification. However, BANA “is threatening
foreclosure” and state that Plaintiffs owe $72, 769.02.
December 16, 2015, Plaintiffs Stephanie L. Pickering and
Terri A. O'Keefe brought this action against Defendants
Bank of America Home Loans, Bank of America, N.A.
(“BANA”), Quality Loan Service Corporation of
Washington (“QLS”), Mortgage Electronic
Registration System (“MERS”) and Does 1-10 under
several causes of action for mishandling of Plaintiffs'
loan modification application. See Dkt. #1 at 1-5.
On May 26, 2016, the Court granted a Motion to Dismiss filed
by QLS giving Plaintiffs leave to amend their Complaint to
rectify the factual deficiencies described in the Order. Dkt.
#18. Plaintiffs filed their first Amended Complaint on June
16, 2016. Dkt. #22.
on March 24, 2016, Plaintiffs filed a parallel action in this
court under case number 16-cv-427-JLR. This second action was
brought against Defendants Bank of America Home Loans, BANA,
and Does 1-5, and listed the following causes of action:
Intentional Misrepresentation, Negligent Misrepresentation,
and Justifiable Reliance. Case No. 16-cv-427-JLR, Dkt. #1.
27, 2016, BANA moved the Court to consolidate these cases,
and on July 11, 2016, the Court granted this Motion. Dkt.
#28. On August 18, 2016, the Court granted QLS' second
Motion to Dismiss and dismissed all claims against them with
prejudice. Dkt. #32. The Court then ordered Plaintiffs to
file an amended consolidated complaint. Dkt. #37.
filed their Amended Consolidated Complaint
(“Complaint”) in this matter on October 24, 2016.
Dkt. #40. On November 14, 2016, Defendant BANA filed the
instant Motion to Dismiss, noted for the Court's
consideration on December 16, 2016. Dkt. #41. Plaintiffs
filed their Response on December 8, 2016, and BANA filed its
Reply brief on December 16, 2016. Dkts. #43 and 44. On
January 9, 2017, Plaintiffs filed a Surreply. Dkt. #45.
making a 12(b)(6) assessment, the court accepts all facts
alleged in the complaint as true, and makes all inferences in
the light most favorable to the non-moving party. Baker
v. Riverside County Office of Educ., 584 F.3d 821, 824
(9th Cir. 2009) (internal citations omitted). However, the
court is not required to accept as true a “legal
conclusion couched as a factual allegation.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007)). The complaint “must contain sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face.” Id. at 678. This
requirement is met when the plaintiff “pleads factual
content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Id. The complaint need not include
detailed allegations, but it must ...