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Real Property
Foreclosure
Breach of Security Instrument

Thomas Forbes v. Wells Fargo Bank National Association, et al.

Published: May 3, 2024 | Result Date: Dec. 19, 2023 | Filing Date: Jul. 24, 2023 |

Case number: 3:23-cv-03654-VC Bench Decision –  Dismissal

Judge

Vince G. Chhabria

Court

USDC Northern District of California


Attorneys

Plaintiff

Jerome A. Clay Jr.
(Law Office of Jerome A. Clay Jr.)


Defendant

Douglas C. Straus
(Buchalter APC)

Hunter R. Eley
(Doll, Amir & Eley LLP)

Amy I. Borlund
(Doll, Amir & Eley LLP)


Facts

Plaintiff Thomas Forbes sued Wells Fargo Bank, NA relating to a foreclosure and alleged breach of a Deed of Trust. However, as the court noted, the allegations of the complaint were "difficult to follow" or conclusory, and the causes of action were nonspecific about which alleged conduct was relevant.

Result

The court dismissed the claims on the grounds that they, inter alia, were barred by the statute of limitations and that plaintiff lacked standing.


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