No matter if plaintiff you certainly will suffer particularly a state, although not, their pleadings however fail, just like the their particular allegations try vague and you may conclusory

Once the plaintiff isnt a government authoritative or worker, and because defendants didn’t file encumbrances from the debated possessions while the retribution to own certified political responsibilities, plaintiff never state a statutory claim to own 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. Select 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 unique allege, plaintiff connects a duplicate of an excellent “report away from hardship” page she taken to the financial institution from America Lenders system and you may a loan modification demand means one she taken to “BAC – House Maintenance Division – (Any Agent)

Next, since the fundamental basis of allege try defendants’ so-called scam when making and recording the newest presumably “defective” records, plaintiff need meet the heightened pleading requirements detailed into the Fed. Roentgen. Civ. P. 9(b). As a result, plaintiff’s allege goes wrong because of it more cause. Defendants’ activity is for this reason granted concerning plaintiff’s 6th allege.

Plaintiff alleges one to Stacy Blouin, an employee regarding BNYM, lied inside her affidavit from the testifying you to she hadn’t obtained a request for an event or 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. Metro. 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. 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.

2nd, even though perjury try a beneficial cognizable civil allege, plaintiff has not alleged any factors, past simple conclusory https://paydayloansconnecticut.com/long-hill/ accusations, you to Ms. Blouin lied inside her affidavit otherwise try acting poorly in regard in order to BNYM. ” SAC Ex. B, at step three-5. This type of records, but not, fail to show that Ms. Blouin in reality gotten or had experience in such data files, specifically simply because they just weren’t handled so you’re able to their unique. As such, plaintiff fails to condition a state to own civil perjury; correctly, defendants’ activity try offered in that respect.