Niranjan v. Bank of Am., N.A.

2 Citing cases

  1. Rodriguez v. Bank of New York Mellon

    CASE NO. 13cv1830-GPC-BLM (S.D. Cal. Jan. 17, 2014)   Cited 6 times
    Finding prior case and current case involved same primary right where plaintiff sought in both cases redress for "defects in the loan documents and securitization process"

    Therefore, a quasi contract claim cannot lie. See Niranjan v. Bank of America, N.A, No. C12-5706 WHA, 2013 WL 2931636, at *2 (N.D. Cal. June 13, 2013) (quasi contract claim fails because underlying deed of trust is still valid despite argument that the deed and note were void at the time the note was sold into asset-backed securities pool and MERS had no authority to transfer the deed). Accordingly, the Court GRANTS Defendants' motion to dismiss the quasi contract claim without prejudice.

  2. Ros v. U.S. Bank, Nat'l Ass'n

    CASE NO. 12cv1447-GPC(BGS) (S.D. Cal. Jun. 20, 2013)

    Therefore, a quasi-contract claim cannot lie. See Niranjan v. Bank of America, N.A, No. C12-5706 WHA, 2013 WL 2931636, at *2 (N.D. Cal. June 13, 2013) (quasi-contract claim fails because underlying deed of trust is still valid despite argument that the deed and note were void at the time the note was sold into asset-backed securities pool and MERS had no authority to transfer the deed). Accordingly, the Court GRANTS Defendants' motion to dismiss the quasi-contract claim with prejudice.