This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Insurance
Breach of Contract
Mortgage Contracts

Clifford McKenzie v. Wells Fargo Home Mortgage Inc., Wells Fargo Bank N.A. and Wells Fargo & Co.

Published: Dec. 8, 2012 | Result Date: Oct. 30, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 4:2011-cv-04965 Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Richard L. Kellner
(Kellner Law Group LLC)

Evan M. Zucker
(Baron & Budd PC)

Brian S. Kabateck
(Kabateck LLP)


Defendant

Michael J. Steiner

Philip Barilovits


Facts

Plaintiffs brought a class action lawsuit against Defendants, alleging claims for breach of contract, breach of fiduciary duty, unjust enrichment, conversion, violation of the New Mexico Unfair Trade Practices Act, and violation of the Truth in Lending Act.

Plaintiffs contended that Defendants and their affiliates unlawfully forced them to have flood insurance with policy limits higher than that required by federal law or the Plaintiffs' mortgages.

Defendants moved to dismiss.

Result

Dismissed.


#103548

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390