Rosanne Carbajal v. Wells Fargo Bank, N.A.; Cal-Western Reconveyance LLC, and Does 1 through 50, inclusive
Published: Sep. 19, 2015 | Result Date: Apr. 10, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-07851-PSG-PLA Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Stephen R. Golden
(Stephen R. Golden & Associates)
Defendant
Jeremy E. Shulman
(Anglin Flewelling Rasmussen Campbell & Trytten LLP)
Facts
Rosanne Carbajal sued Wells Fargo Bank NA and Cal-Western Reconveyance LLC in connection with the loss of his home.
Contentions
PLAINTIFF'S CONTENTIONS:
In 2006, plaintiff obtained a $310,000 loan from World Savings Bank FSB to purchase a property in Cerritos. In January 2009, plaintiff fell behind in her payments. In October, she entered into a loan modification agreement with World Savings Bank's successor-in-interest, Wachovia Mortgage FSB, which then merged with defendant Wells Fargo. Though she complied with the terms of her loan modification, plaintiff again fell behind in payments in 2012. She sought review for a Home Affordable Modification Program through Wells Fargo, which allegedly lost her application. Despite its representations, Wells Fargo denied her application for failure to submit the requisite documents. Plaintiff subsequently went into default and received a Notice of Trustee's Sale. Plaintiff then sued defendants, alleging negligent misrepresentation, negligence, violation of California Civil Code Section 2923.7, and violation of California's Unfair Competition Law.
DEFENDANTS' CONTENTIONS:
Defendant Wells Fargo moved to dismiss the complaint for failure to state a claim.
Result
The court granted Wells Fargo's motion to dismiss in its entirety.
Other Information
FILING DATE: Oct. 9, 2014.
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