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Proa v. Wells Fargo Bank, N.A.

United States District Court, Ninth Circuit

August 22, 2013

MARCOS A. PROA and CHRISTINA J. PROA, as individuals, Plaintiffs,
v.
WELLS FARGO BANK, N.A., et al., Defendants.

ORDER GRANTING MOTIONS TO DISMISS COMPLAINT

BARRY TED MOSKOWITZ, Chief District Judge.

Motions to dismiss have been filed by (1) Fidelity National Title Company; and (2) Wells Fargo Bank, N.A., and U.S. Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2004-BB. For the reasons discussed below, Defendants' motions to dismiss are GRANTED.

I. FACTUAL BACKGROUND

On October 12, 2004, Plaintiffs Marcos A. Proa and Christina J. Proa borrowed $480, 000 from Wells Fargo Bank, N.A. ("Wells Fargo"), to refinance the property located at 10108 Fabled Waters Court, Spring Valley, California 91977 (the "Property"). The loan was secured by a Deed of Trust on the Property. (Compl., Ex. A.) The Deed of Trust identified the Trustee as Fidelity National Title Ins. Co.

On May 14, 2012, Wells Fargo assigned its beneficial interest in the Deed of Trust to U.S. Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2004-BB ("U.S. Bank").

On April 1, 2011, a Notice of Default and Election to Sell under Deed of Trust was recorded by LSI Title Company, as agent for Fidelity National Title Company. (Compl., Ex. B.) According to the Notice of Default, Plaintiffs were in arrears in the amount of $11, 591.14 as of March 24, 2011. (Id.)

In a Substitution of Trustee executed on April 12, 2011 and recorded on July 7, 2011, Wells Fargo substituted Fidelity National Title Company ("Fidelity") as Trustee in lieu of Fidelity National Title Ins. Co. (Compl., Ex. C.) Notices of Trustee's Sale were recorded on July 7, 2011 and January 24, 2013. (Compl., Exs D & I.)

On March 15, 2013, the Property was sold at a trustee's sale. On March 25, 2013, a Trustee's Deed Upon Sale was recorded, reflecting the sale of the Property to Granite Ranch Opportunities, LLC. (Fidelity's RJN Ex. B.)

Plaintiffs commenced this action on March 29, 2013. In their Complaint, Plaintiffs assert the following claims: (1) violation of Cal. Bus. & Prof. Code § 17200, et. seq.; (2) intentional misrepresentation; (3) negligent misrepresentation; (4) fraudulent concealment; (5) declaratory relief; (6) violation of 15 U.S.C. § 1611, et seq.; (7) violation of 26 U.S.C. § 2605 et seq.; (8) violation of 15 U.S.C. § 1602, et seq.; (9) violation of 15 U.S.C. § 1692

II. STANDARD

A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) should be granted only where a plaintiff's complaint lacks a "cognizable legal theory" or sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dept. , 901 F.2d 696, 699 (9th Cir. 1988). When reviewing a motion to dismiss, the allegations of material fact in plaintiff's complaint are taken as true and construed in the light most favorable to the plaintiff. See Parks Sch. of Bus., Inc. v. Symington , 51 F.3d 1480, 1484 (9th Cir. 1995). Although detailed factual allegations are not required, factual allegations "must be enough to raise a right to relief above the speculative level." Bell Atlantic v. Twombly , 550 U.S. 544, 555 (2007). "A plaintiff's obligation to prove the grounds' of his entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id . "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not show[n] that the pleader is entitled to relief." Ashcroft v. Iqbal , 565 U.S. 662, 679 (2009) (internal quotation marks omitted). Only a complaint that states a plausible claim for relief will survive a motion to dismiss. Id.

III. DISCUSSION

Fidelity and Wells Fargo move to dismiss the Complaint in its entirety for failure to state a claim. As discussed below, the Court ...


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