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James Anthony Scilla v. Deutsche Bank Trust Company Americas

March 28, 2012

JAMES ANTHONY SCILLA, PLAINTIFF,
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS, A NATIONAL BANKING ASSOCIATION, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2006-2, MORTGAGE-BACKED NOTES SERIES 2006-2, DEFENDANT.



The opinion of the court was delivered by: Barry M. Kurren Barry M. Kurren United States Magistrate Judge

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendant Deutsche Bank Trust Company Americas's Motion Summary Judgment (Doc. 22). The Court heard this Motion on March 12, 2012. After careful consideration of the Motion, the supporting and opposing memoranda, and the arguments of counsel, Defendant's Motion is GRANTED.

BACKGROUND

On March 29, 2006, Plaintiff executed an Adjustable Rate Note ("Note") to purchase the subject property located in Kapolei, Hawaii. (Ex. A.)

The Note was in the amount of $472,000.00 in favor of the Lender, American Home Mortgage. (Id.) This Note was secured by a Mortgage executed on the same day. (Ex. B.) The Mortgage stated that Mortgage Electronic Registration Systems, Inc. ("MERS") "is the mortgagee" and "is acting as a nominee for Lender." (Ex. B.) The Mortgage also stated that MERS "has the right . . . to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling his [Mortgage]." (Id.)

Plaintiff stopped making monthly payments on the Mortgage in 2009. (Ex. C at 35.) On December 9, 2009, MERS, "acting solely as nominee for American Home Mortgage," assigned the Mortgage to Defendant. (Ex. D.) On December 24, 2009, Defendant filed its Notice of Mortgagee's Intention to Foreclose Under Power of Sale. (Ex. G.)

On December 17, 2010, Plaintiff brought this lawsuit against Defendant, seeking injunctive and declaratory relief, as well as quiet title of the Property against Defendant.

STANDARD OF REVIEW

A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact, and that the undisputed facts warrant judgment for the moving party as a matter of law. See Fed. R. Civ. P. 56(c). In assessing whether a genuine issue of material fact exists, courts must resolve all ambiguities and draw all factual inferences in favor of the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); see also Cline v. Indus. Maint. Eng'g & Contracting Co., 200 F.3d 1223, 1228 (9th Cir. 2000).

In deciding a motion for summary judgment, the court's function is not to try issues of fact, but rather, it is only to determine whether there are issues to be tried. Anderson, 477 U.S. at 249. If there is any evidence in the record from which a reasonable inference could be drawn in favor of the non-moving party on a material issue of fact, summary judgment is improper. See T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass'n, 809 F.2d 626, 631 (9th Cir. 1987). DISCUSSION

I. Count 1 for Injunctive Relief

In Count 1, Plaintiff states that he is entitled to an "injunction against [Defendant] from proceeding with the non-judicial foreclosure and, upon final hearing, an injunction prohibiting [Defendant] from proceeding with any non-judicial foreclosure against the subject property."

It is well settled that "Injunctive relief . . . is a remedy, not an independent cause of action. Badua v. Fremont Inv. & Loan, 2011 WL 1526813, Civ. No. 10-00580 DAE-BMK, at *4 (D. Haw. April 20, 2011) (citation omitted). "Plaintiff may receive injunctive relief if [he] is entitled to such a remedy pursuant to an independent cause of action, but injunctive relief may not stand alone." Id. Therefore, Count 1 for Injunctive ...


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