Because plaintiff is not a national specialized otherwise staff member, and since defendants didn’t document encumbrances resistant to the debated possessions since retribution to have formal political requirements, plaintiff try not to county a statutory allege getting invalid 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 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. Find 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 her claim, plaintiff connects a duplicate out-of an excellent “declaration out of adversity” letter she taken to the bank from The united states Lenders program and a loan amendment request mode you to definitely she provided for “BAC – House Preservation Division – (One Representative)
Then, because fundamental basis from the claim is actually defendants’ so-called swindle in creating and you can recording this new allegedly “defective” records, plaintiff need to meet the increased pleading standards outlined from inside the Provided. R. Civ. P. 9(b). Therefore, plaintiff’s allege goes wrong because of it a lot more reason. Defendants’ activity is actually therefore offered about plaintiff’s sixth claim.
Plaintiff alleges that Stacy Blouin, a worker out of BNYM, lied in her own affidavit because of the testifying you to definitely she had not received a request for a conference or online payday loans New York 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. Area. 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 Techs., 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.
Next, regardless of if perjury try an effective cognizable civil allege, plaintiff hasn’t so-called one circumstances, beyond simple conclusory accusations, one Ms. Blouin lied in her own affidavit otherwise are pretending badly in regard in order to BNYM. ” SAC Ex lover. B, in the step three-5. Such data, however, fail to demonstrate that Ms. Blouin in fact obtained otherwise had expertise in these data, particularly since they were not handled so you can her. As a result, plaintiff does not state a claim for municipal perjury; appropriately, defendants’ actions is granted in that respect.