Judge: Keri G. Katz, Case: 37-2019-00062677-CU-FR-CTL, Date: 2023-11-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2019-00062677-CU-FR-CTL KAYE VS JP MORGAN CHASE NATIONAL CORPORATE SERVICES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The court addresses the evidentiary issues. Defendant JPMorgan Chase Bank, N.A.'s request for judicial notice is GRANTED.

The court then rules as follows. Defendant JPMorgan Chase Bank, N.A.'s motion for judgment on the pleadings is GRANTED.

The court finds, as pled, all of the causes of action pled against Chase are jurisdictionally barred under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) [12 U.S.C. § 1821(d)(13)(D)]. The court is not persuaded by Plaintiff's arguments that the operative first amended complaint alleges independently wrongful conduct on the part of Chase. Plaintiff cites to ¶¶ 52, 53 and 61 to support these arguments. However, the allegations of these paragraphs are all dependent on the 'original note' [FAC ¶ 52]. Such claims are subject to the jurisdictional requirements of FIRREA.

In opposition Plaintiff seeks leave to amend. The court allows Plaintiff 30 days leave to amend. CCP § 438(h)(2).

The court is not persuaded by Chase's arguments against allowing leave to amend. The statute of limitations/relation back-based arguments and sham pleading arguments are more properly resolved based on the actual allegations of the amended pleading. Although the court recognizes the potential prejudice to Chase, the court finds such prejudice is outweighed by the prejudice to Plaintiff should Plaintiff be deprived of bringing a meritorious claim. To the extent Chase relies on what Chase characterizes as 'the Court's instruction to file an amended pleading with his Opposition' a review of this court's September 13, 2023, order states: The court informs the Plaintiff that they may respond with their amended complaint at the time of the motion.

Nothing in the September 13, 2023, order required Plaintiff to submit a proposed amended complaint in opposition to Chase's motion for judgment on the pleadings.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Calendar No.: Event ID:  TENTATIVE RULINGS

3020243  12 CASE NUMBER: CASE TITLE:  KAYE VS JP MORGAN CHASE NATIONAL CORPORATE SERVICES  37-2019-00062677-CU-FR-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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