Geza F. Simon, Christina A. Simon v. Wells Fargo Bank, N.A., First American Title Insurance Company, and Does 1 through 10, inclusive
Published: Sep. 13, 2014 | Result Date: Jul. 21, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:13-cv-00823-JVS-PLA Bench Decision – Dismissal
Facts
Geza and Christina Simon sued Wells Fargo Bank, N.A. and First American Title Insurance Co., in connection with their property in Foothill Ranch.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Wells Fargo was the creditor of the alleged debt, and that First American was the alleged Trustee of the Deed of Trust securing their real property. Plaintiffs alleged that defendants were third party strangers to their alleged debt and mortgage, and therefore had no ownership interest entitling defendants to collect payment or declare a default on their property. Plaintiffs further alleged that the alleged debts had been paid and were no longer delinquent. Moreover, plaintiffs accused defendants of engaging in a scheme to defraud them.
Plaintiffs asserted claims for violation of federal laws, declaratory relief, negligence, quasi contract, violation of the FDCPA, violation of the California Business and Professions Code, violation of the Fair Credit Billing Act, RESPA violation, and accounting.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiffs' complaint.
Result
The court granted defendants' motion to dismiss the Simons' second amended complaint with prejudice.
Other Information
FILING DATE: May 28, 2013.
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