No matter if plaintiff you may suffer such as for instance a declare, not, their own pleadings nevertheless falter, just like the their accusations is vague and you can conclusory

As the plaintiff is not an authorities official or employee, and since defendants failed to document encumbrances against the disputed possessions as the retribution to own specialized governmental requirements, plaintiff you should never county a legal allege to possess incorrect 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.

To get their particular allege, plaintiff connects a duplicate of a “statement out of hardship” page she taken to the lending company out-of The united states Lenders program and you will financing amendment consult function you to definitely she sent to “BAC – Domestic Maintenance Section – (One Representative)

After that, as underlying foundation in the allege was defendants’ alleged ripoff in creating and you may recording the fresh new presumably “defective” files, plaintiff have to meet up with the heightened pleading standards outlined inside the Given. R. Civ. P. 9(b). As such, plaintiff’s claim goes wrong for this most reason. Defendants’ activity is actually therefore offered about plaintiff’s 6th claim.

Plaintiff alleges one to Stacy Blouin, a member of staff of BNYM, lied inside her affidavit by testifying one to she had not acquired an ask for a conference otherwise mortgage loan modification

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 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 Massachusetts payday loans to state a claim for civil perjury, as no such cause of action exists.

2nd, regardless of if perjury is a great cognizable municipal allege, plaintiff hasn’t alleged people circumstances, past simple conclusory accusations, one to Ms. Blouin lied in her own affidavit otherwise are pretending improperly in regard to help you BNYM. ” SAC Ex lover. B, within 3-5. Such documents, but not, neglect to demonstrate that Ms. Blouin in fact acquired or got knowledge of these types of data, especially because they weren’t handled to their unique. As a result, plaintiff doesn’t county a declare getting civil perjury; appropriately, defendants’ actions are offered because esteem.