Alma Bell v. Wells Fargo and Company, Wells Fargo Bank, N.A., and Does 1 through 50, inclusive
Published: Dec. 31, 2016 | Result Date: Nov. 10, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-07085-JFW-MRW Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Elaine D. Etingoff
(Stephen R. Golden & Associates)
Stephen R. Golden
(Stephen R. Golden & Associates)
Defendant
Jeremy E. Shulman
(Anglin Flewelling Rasmussen Campbell & Trytten LLP)
D. Dennis La
(Anglin Flewelling Rasmussen Campbell & Trytten LLP)
Facts
Plaintiff brought a complaint for declaratory, injunctive and other relief and damages relating to the foreclosure of her La Habra Heights home.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Wells Fargo engaged in a conspiracy consisting of fraud, deceit and other misconduct in order to "steal" plaintiff's home from her via foreclosure. She claimed that it failed to provide a pre-notice of default outreach, recorded and filed false documents, lacked standing and authority to foreclose, and negligently processed, administered and reviewed her loan modification application.
DEFENDANT'S CONTENTIONS:
In Wells Fargo's motion to dismiss the complaint it argued that res judicata barred most of plaintiff's claims and her remaining claim for negligence failed for lack of a legal duty.
Result
The court granted Wells Fargo's motion to dismiss with prejudice.
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