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Escareno v. Wells Fargo

April 1, 2009

RUBEN ESCARENO, PLAINTIFF,
v.
WELLS FARGO, N.A., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER Discovery Cut-Off: 3/12/10 Non-Dispositive Motion Filing Deadline: 3/26/10 Dispositive Motion Filing Deadline: 4/12/10 Settlement Conference Date: 3/30/10 10:00 Ctrm. 7 Pre-Trial Conference Date: 8/23/10 11:00 Ctrm. 3 Trial Date: 9/21/10 9:00 Ctrm. 3 (JT-3 days)

I. Date of Scheduling Conference. April 1, 2009.

III. Summary of Pleadings

1. Plaintiff Ruben Escareno will be filing an amended complaint on or before April 1, 2009. See Docket No. 19. The Defendants will file responses on or before April 20, 2009. See id. Accordingly, the parties cannot properly summarize the factual and legal contentions in the Plaintiff's complaint at this time. Nonetheless, it is anticipated that the primary factual and legal contentions will be that the Defendants misrepresented or concealed facts about a $361,600 loan the Plaintiff obtained in October, 2005, from Defendant Wells Fargo Bank, N.A. to purchase a home in Ceres, California, and that the Defendants failed to provide required disclosures in connection with the loan.

2. It is anticipated that the Plaintiff will request a declaration that the Defendants lack authority to foreclose on the Ceres property used to secure the 2005 loan; will seek damages; and will seek attorney fees. It is anticipated that the Defendants will request that the Plaintiff take nothing.

IV. Orders Re Amendments To Pleadings

1. Plaintiff Ruben Escareno will be filing an amended complaint on or before April 1, 2009. See Docket No. 19. The Defendants will file responses on or before April 20, 2009. See id.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Plaintiff Ruben Escareno is an individual resident of the Eastern District of California, Fresno Division, who purchased a single family residence in Ceres, California.

2. Defendant Wells Fargo Bank, N.A., is a corporation licensed to do commercial banking business in the State of California.

3. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A.

4. HSBC Bank USA, N.A., is a corporation licensed to do commercial banking business in the State of California.

5. First American Loanstar Trustee Services is a corporation licensed to do business in the State of California.

6. During October, 2005, Plaintiff borrowed $361,600.00 from Defendant Wells Fargo Bank, N.A., to purchase a new single family residence in Ceres, California.

7. That loan was secured by a deed of trust encumbering the residence.

8. Plaintiff Escareno defaulted on the loan.

9. The Notice of Default was recorded in March, 2008.

10. Defendant First American Loanstar Trustee Services was substituted in as the trustee under the deed of trust in April, 2008.

11. A Notice of Trustee's Sale was recorded August 1, 2008.

B. Contested Facts

1. All remaining facts are disputed.

VI. Legal Issues

A. Uncontested

1. Jurisdiction exists under 28 U.S.C. ...


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