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Bankston v. RES-GA Twelve LLC

The trial court properly dismissed the plaintiff's complaint for failure to state a claim, as there was no set of facts within the framework of the complaint that would have entitled the plaintiff to relief on her claims for breach of contract, breach of duty of good faith, invasion of privacy, punitive damages and attorney fees.

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This appeal is from a trial court order dismissing a complaint for failure to state a claim. Because the trial court correctly found that there is no set of facts within the framework of the complaint that would entitle the plaintiff to relief, we affirm.

We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, construing the pleadings in the light most favorable to the plaintiff and with any doubts resolved in the plaintiff’s favor. Babalola v. HSBC Bank, 324 Ga. App. 750 751 SE2d 545 2013 citations and punctuation omitted. So construed, the pleadings show that Denesia Bankston filed a complaint against RES-GA Twelve, LLC RES-GA and its law firm Hartman, Simons and Wood, LLP Hartman, asserting claims for breach of contract, breach of duty of good faith, invasion of privacy, punitive damages and attorney fees. In support of the claims, the complaint alleged that in 2007, Bankston acquired land by quitclaim deed and executed a deed to secure debt in favor of First Georgia Community Bank in the amount of $277,500. The bank was later closed by the Georgia Department of Banking and Finance, and the Federal Deposit Insurance Company FDIC was appointed as receiver for the bank. In 2010, the FDIC assigned its interest in the aforementioned deed to secure debt to Multibank 2009-1 RES-ADC Venture, LLC Multibank. In 2013, Multibank assigned the deed to secure debt to RES-GA. On May 29, 2013, Hartman mailed notice of foreclosure to Bankston that, according to the complaint, failed to include the information required by the security deed and OCGA § 44-14-162.2. Bankston attached the notice of foreclosure as an exhibit to the complaint.

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