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Sparra v. Deutsche Bank Nat'l Trust Co.

The plaintiff failed to state a claim upon which relief could be granted in his suit against a lender and law firm asserting claims for wrongful foreclosure, promissory estoppel, declaratory relief, and seeking a temporary restraining order and/or preliminary and permanent injunction, punitive damages and attorney fees.

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Robert Sparra filed this action in Gwinnett County Superior Court against Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc., and Rubin Lubin, LLC, defendants asserting claims for wrongful foreclosure, promissory estoppel, Fair Debt Collection Practices Act FDCPA violations, declaratory relief, and seeking a temporary restraining order and/or preliminary and permanent injunction, punitive damages, and attorney fees. The trial court granted the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted. Sparra now appeals the dismissal of his complaint. For the following reasons, 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. Citation and punctuation omitted. Babalola v. HSBC, Bank USA, N.A., 324 Ga. App. 750 751 SE2d 545 2013.

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