Facts

Dominic Ventimiglia brought an action against Wells Fargo Bank N.A. and Cal-Western Reconveyance Corp. in relation to foreclosure and the possible sale of his home.

PLAINTIFF'S CONTENTIONS:
Plaintiff owned property in Redding and on July 10, 2007, he refinanced a loan, obtaining $169,000 from a company that was ultimately acquired by Wells Fargo. Plaintiff claimed that he complied the requirements of the HAMP to get a home loan modification, but that in October 2011, a Wells Fargo representative told him his application had been rejected and he was in default. He claimed he submitted several applications over the year but each was incorrectly deemed withdrawn. He claimed that on Oct. 31, 2012, Cal-Western recorded a notice of default and on Feb. 18, 2012, a notice of sale. Plaintiff alleged claims for declaratory relief, negligent misrepresentation and injunctive relief.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the complaint for failure to state a claim.

Result

The district court granted defendant's motion to dismiss, finding that the complaint failed to support the claims plaintiff alleged.