Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marsha Kilgore v. Wells Fargo Home Mortgage

July 31, 2012

MARSHA KILGORE,
PLAINTIFF,
v.
WELLS FARGO HOME MORTGAGE, REGIONAL TRUSTEE SERVICES CORPORATION, EMMITT LEWIS FRED LACKER,
DEFENDANTS.



ORDER GRANTING DEFENDANT WELLS FARGO'S MOTION TO DISMISS THE TILA CLAIM AND RISPA CLAIM ORDER GRANTING PLAINTIFF TEN DAYS IN WHICH TO FILE AN AMENDED COMPLAINT ORDER RESTRAINING ANY FORECLOSURE SALE FOR TEN DAYS

BACKGROUND

On May 14, 2012, Plaintiff filed a complaint for damages in the Superior Court for the State of California, County of Fresno. The complaint concerns a loan and deed of trust against property located at 728 East Magill Avenue, Fresno, California 93710 ("the Property). Among other causes of action, the complaint contains causes of action for wrongful foreclosure, violations of the Truth in Lending Act, Violations of the Real Estate Settlement Procedures Act, Fraud, and Breach of Contract.

Because the complaint raised causes of action brought under federal law, on May 31, 2012, Defendant Wells Fargo Home Mortgage ("Defendant Wells Fargo") removed this action to this court.

On June 14, 2012, Defendant Wells Fargo filed a motion to dismiss the complaint.

Defendant Wells Fargo contends that all of the complaint's causes of action are barred by the statute of limitations.

Plaintiff did not file an opposition to Defendant Wells Fargo's motion. On July 23, 2012, Plaintiff filed a first amended complaint.

DISCUSSION

A. Amended Complaint

On July 23, 2012, Plaintiff filed a first amended complaint. Rule 15(a) of the Federal Rules of Civil Procedure provides:

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or

(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.