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Diane Depould, An Individual v. Wells Fargo Bank

September 27, 2011

DIANE DEPOULD, AN INDIVIDUAL, PLAINTIFF,
v.
WELLS FARGO BANK, N.A., WACHOVIA MORTGAGE, WORLD SAVINGS BANK. F.S.B., NDEX WEST, LLC, DEFENDANTS.



The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

ORDER GRANTING MOTION TO DISMISS

[Motion filed on 4/18/11]

Presently before the court is Defendant Wells Fargo Bank, N.A. ("Wells Fargo")'s Motion to Dismiss First Amended Complaint. Having considered the submissions of the parties and heard oral argument, the court grants the motion and adopts the following order.

I. Background

In 2007, Plaintiff obtained a mortgage loan, secured by her principal residence. (First Amended Complaint ("FAC") ¶ 10). Wells Fargo later obtained the First Trust Deed on Plaintiff's property. (Id.)

Plaintiff could not afford the loan, and her account became delinquent. (FAC ¶¶ 11,15). On or about June 2010, Plaintiff contacted Wells Fargo and requested a loan modification. (FAC ¶ 16). On June 6, 2010, Wells Fargo requested additional information from Plaintiff so that Wells Fargo could evaluate Plaintiff under the Making Homes Affordable Program ("HAMP"). (FAC ¶ 17).

Between June 11, 2010 and October 23, 2010, Plaintiff spoke with Wells Fargo representatives over a dozen times. (FAC ¶¶ 18-35). Wells Fargo repeatedly informed Plaintiff that Wells Fargo required additional documentation, including IRS Form 4506-T. (FAC ¶¶ 19, 22, 30). Plaintiff first provided Form 4506-T on August 24, 2010. (FAC ¶ 24). Plaintiff again provided Form 4506-T, at Wells Fargo's request, on or about September 10, 2010. (FAC ¶ 24).

Wells Fargo requested an updated Form 4506-T on September 16, 2010. (FAC ¶ 25). Plaintiff faxed the document to Wells Fargo on September 27, 2010. (FAC ¶ 31). On October 21, 2010, Wells Fargo informed Plaintiff that no additional documents were required at that time. (FAC ¶ 34).

Between November 1, 2010 and March 29, 2011, Wells Fargo repeatedly informed Plaintiff that her modification request had not been resolved because of problems with her Form 4506-T. (FAC ¶ 37). On March 29, 2011, Plaintiff filed a First Amended Complaint for negligence and unfair business practices, alleging that she has been harmed by Wells Fargo's failure to act on her modification request. (FAC ¶ 44). Wells Fargo now moves to dismiss the First Amended Complaint.

II. Legal Standard

A complaint will survive a motion to dismiss when it "contain[s] sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). When considering a Rule 12(b)(6) motion, a court must "accept as true all allegations of material fact and must construe those facts in the light most favorable to the plaintiff." Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). Although a complaint need not include "detailed factual allegations," it must offer "more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Iqbal, 129 S. Ct. at 1949. Conclusory allegations or allegations that are no more than a statement of a legal conclusion "are not entitled to the assumption of truth." Id. at 1950. In other words, a pleading that merely offers "labels and conclusions," a "formulaic recitation of the elements," or "naked assertions" will not be sufficient to state a claim upon which relief can be granted. Id. at 1949 (citations and internal quotation marks omitted).

"When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement of relief." Id. at 1950. Plaintiffs must allege "plausible grounds to infer" that their claims rise "above the speculative level." Twombly, 550 U.S. at 555-56. "Determining whether a complaint states a plausible claim for relief" is "a context-specific task that ...


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