Just like the plaintiff is not a federal government official otherwise employee, and because defendants did not file encumbrances against the disputed possessions as the retribution to own certified political duties, plaintiff you should never condition a statutory allege getting incorrect burden.

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 . Staples loans. . 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. Pick 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.

Meant for their own allege, plaintiff connects a copy away from a good “statement out of difficulty” letter she delivered to the bank regarding The usa Lenders system and you can that loan amendment request function that she delivered to “BAC – House Maintenance Section – (One Agent)

Further, just like the underlying base regarding the claim are defendants’ alleged ripoff in making and you may tape this new presumably “defective” data files, plaintiff must meet with the heightened pleading conditions in depth during the Provided. Roentgen. Civ. P. 9(b). Therefore, plaintiff’s claim goes wrong for it extra need. Defendants’ motion try ergo offered about plaintiff’s 6th allege.

Plaintiff alleges that Stacy Blouin, a worker from BNYM, lied within her affidavit by testifying you to she hadn’t received 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. Town. Transportation, 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. United states, 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, though perjury was a great cognizable municipal allege, plaintiff hasn’t so-called people issues, past simple conclusory allegations, that Ms. Blouin lied in her affidavit otherwise are acting badly in regard so you’re able to BNYM. ” SAC Ex lover. B, at step three-5. These types of records, not, don’t demonstrate that Ms. Blouin in reality obtained otherwise got experience in these data, especially because they weren’t addressed to their unique. As such, plaintiff does not state a claim to possess civil perjury; properly, defendants’ motion are supplied because regard.