Aguilarv.Chase Home Finance, LLC

United States District Court, N.D. California, San Jose DivisionMay 9, 2009
No. C-09-00532 RMW (N.D. Cal. May. 9, 2009)

No. C-09-00532 RMW.

May 9, 2009


ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS [Re Docket No. 4, 11, 20, 22]


RONALD WHYTE, District Judge

Defendants Chase Home Finance, LLC, JP Morgan Chase Bank N.A., and First American Loanstar Trustee Services move to dismiss plaintiff Francisco J. Aguilar's complaint. No opposition to the motions has been filed. The complaint does not allege factual basis giving rise to a claim for relief. For example, it seems that the loan documents did not need to be provided in Spanish, because California Civil Code § 1632(b) requires only that translated documents must be provided for "[a] loan or extension of credit secured other than by real property, or unsecured, for use primarily for personal, family, or household purposes." Cal. Civ. Code § 1632(b) (emphasis added). It also does not appear to be a legal requirement that possession of an original promissory note is necessary to initiate a non-judicial foreclosure. The court therefore grants the motions to dismiss.

The court is reluctant to grant leave to amend since counsel was unprepared to explain to the court how plaintiff could successfully amend. Nevertheless, given that leave to amend should be liberally granted, plaintiff is given twenty days leave to amend.