Barefield v. HSBC Mortgage Services, Inc.

Summary

The United States District Court for the Eastern District of California granted defendants’ motions to dismiss Debra Barefield’s First Amended Complaint and denied her motion to strike. The court held that the claims concerning foreclosure, eviction, quiet title, cancellation of a grant deed, and intentional infliction of emotional distress were barred by res judicata and/or inadequately pleaded. Dismissal was without leave to amend.

Holdings

1. The motion to strike was denied because Rule 12(f) applies to pleadings, and a motion to dismiss is not a pleading.
2. The prior California unlawful-detainer judgment barred the claims for failure to provide foreclosure notice, wrongful or retaliatory eviction, quiet title, and cancellation of instruments because the same party was involved, the prior judgment was final and on the merits, and the claims involved the same primary right adjudicated in the unlawful-detainer action.
3. The prior federal actions, particularly Barefield I, also barred all claims in the First Amended Complaint under res judicata.

Questions Presented

1. Whether Barefield's motion to strike a defendant's motion to dismiss was authorized under Federal Rule of Civil Procedure 12(f).
2. Whether the prior California unlawful-detainer judgment and Barefield's prior federal actions barred the claims under res judicata.
3. Whether the First Amended Complaint should be dismissed with prejudice and without leave to amend because claim preclusion made amendment futile.

Disposition

dismissed