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Randal Villa v. Wells Fargo Bank Na

April 12, 2012

RANDAL VILLA
v.
WELLS FARGO BANK NA, ET AL.



The opinion of the court was delivered by: The Honorable R. Gary Klausner, United States District Judge

JS-6

CIVIL MINUTES - GENERAL

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Sharon L. Williams Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order Re: Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6) (DE 7)

INTRODUCTION

On December 14, 2011, Randal Villa ("Plaintiff") filed a Complaint against Wells Fargo Bank NA ("Wells Fargo") and First American TE Servicing SO ("First American") (collectively, "Defendants") in Superior Court for the County of Riverside. Plaintiff alleges claims for (1) violation of California Civil Code §§ 2923.5 and 2923.6, (2) fraud, (3) intentional misrepresentation, (4) violation of California Civil Code § 1572, (5) violation of California Business and Professions Code § 17200, and (6) violation of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq. On February 16, 2012, Wells Fargo removed the case to this Court. First American had previously filed a Declaration of Non-Monetary Status.

Presently before the Court is Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6). For the following reasons, the GRANTS Defendants' Motion as to Plaintiff's claim for violation of TILA and REMANDS the remaining claims.

FACTUAL BACKGROUND

Plaintiff alleges the following facts:

In December 2006, Plaintiff purchased a home in Murrieta, California and obtained financing from Wells Fargo. Defendants accused Plaintiff of being in default on his loan as of November 2011. Defendants then ...


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