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Terrance Yeomans and Cindy Yeomans v. World Savings Bank; Wells Fargo Bank

January 25, 2012

TERRANCE YEOMANS AND CINDY YEOMANS, PLAINTIFFS,
v.
WORLD SAVINGS BANK; WELLS FARGO BANK, N.A., DEFENDANTS.



The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge

JS-6

ORDER GRANTING MOTION TO DISMISS BY DEFENDANTS WELLS FARGO BANK, N.A., WITH PREJUDICE

[Assigned to the Honorable Manuel L. Real, District Judge]

Date: December 17, 2012 Time: 10:00 a.m. Ctrm: 8

The Motion to Dismiss Complaint by defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (erroneously named separately as "World Savings Bank FSB" and "Wells Fargo Bank, N.A.") ("Wells Fargo") came on regularly for hearing on December 17, 2012, the Honorable Manuel L. Real, District Judge, presiding.

The Court, having read and considered the motion, the request for judicial notice, all opposition and reply papers, and finding:

1. Plaintiffs' first claim, Quiet Title, fails to state a claim for relief because: : (i) Plaintiffs lack standing to bring this claim; (ii) Wells Fargo was authorized to foreclose on the subject property; and (iii) Plaintiffs did not tender the full indebtedness.

2. Plaintiffs' second claim, Declaratory Relief, fails to state a claim for relief because: (i) Plaintiffs lack standing to bring this claim; (ii) Wells Fargo was authorized to foreclose on the subject property; and (iii) Plaintiffs did not tender the full indebtedness.

3. Plaintiffs' third claim, Wrongful Foreclosure, fails to state a claim for relief because: (i) Plaintiffs lack standing to bring this claim; (ii) Wells Fargo was authorized to foreclose on the subject property; and (iii) Plaintiffs did not tender the full indebtedness.

IT IS HEREBY ORDERED:

1. Defendant Wells Fargo's Request for Judicial Notice is granted.

2. Defendant Wells Fargo's Motion to Dismiss Complaint is granted in all respects without leave to amend; and

3. The Complaint is dismissed with ...


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