Arriola vs. U.S. Bank National Association as Trustee for Holders of Bear Stearns Arm Trust, Mortgage Pass-Through Certificates, Series 2004-3, Specialized Loan Servicing LLC and JP Morgan Chase Bank N.A., and Countrywide Home Loans Inc.

Case No.: 30-2016-00863678-CU-OR-CJC    

The Demurrer by Defendant U.S. Bank National is sustained without leave to amend. The Request for Judicial Notice is granted. The Joinder is granted. The Action is dismissed as to these Demurring and Joining Defendants.
Plaintiff has had ample opportunity, in the past, to assert any claims he may have against Defendants here. He filed several Petitions in Bankruptcy and adjudicated the claims of the Defendants in those proceedings. That adjudication led to the claim of Defendants being allowed and a finding that Plaintiff had no defenses to the claim. Plaintiff’s claims are therefore barred by the doctrine of res judicata/issue preclusion. In addition, for all the other reasons set forth in the Points and Authorities, the Demurrer is properly sustained, and sustained without leave. In the end, as the Bankruptcy documents show, Plaintiff does not have the means to maintain this Loan, even if the sale of the property was set aside. And, he certainly does not have the means t........