California Valley Miwok Tribe Again Fails at Recovering Foreclosed Land

Here are the materials in Burley v. OneWest Band FSB (E.D. Cal.):

22 OneWest Motion to Dismiss

23 Opposition

24 Reply

31 DCT Order granting Motion to dismiss

An excerpt:

Plaintiffs Silvia Burley and the California Valley Miwok Tribe (“Miwok Tribe”) brought this action against defendants OneWest Bank, FSB (“OneWest”), Deutsche Bank National Trust Company (“Deutsche Bank”), and Meridian Foreclosure Service (“Meridian”) to recover title over land and damages in connection with the alleged wrongful foreclosure and sale of the plaintiffs’ real property. On August 26, 2014, this court issued an order (“Aug. 26, 2014 Order”) dismissing plaintiffs’ case for lack of subject matter jurisdiction and giving plaintiffs’ twenty days to file an amended complaint. (Docket No. 17.) Plaintiffs filed their First Amended Complaint (“FAC”) asserting claims under the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. §§ 1691, et seq., the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601, et seq., and several state law claims essentially repeated from their original Complaint. (Docket No. 18.)

Prior proceedings are posted here.