Legal Opinion
Pemberton v. Nationstar Mortg. LLC
District Court, S.D. California
Decided June 26, 2018No. Case No. 14-cv-1024-BAS-WVGPublishedCited by 17 opinions
1Opinion of the Court
C. The Common Law Fraud Claim is Dismissed with Prejudice
The Pembertons assert a fraud claim against Nationstar based on Nationstar's alleged failure to report deferred interest payments. They allege that "Nationstar knowingly and intentionally misrepresented the correct amount of interest that plaintiffs paid to it in 2013" on their Form 1098, and "intentionally concealed" its wrongful reporting. (FAC ¶ 73.) The basis of the Pembertons' assertion of falsity is that "Nationstar was under a legal duty pursuant to the 26 U.S.C. § 6050H to report accurately only the interest Nationstar…
2Cases cited79 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
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