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Zappia v. World Savings F.S.B.

United States District Court, S.D. California

March 3, 2015

ALBERT PATRICK ZAPPIA, Plaintiff,
v.
WORLD SAVINGS F.S.B., WACHOVIA F.S.B., WELLS FARGO HOME MORTGAGE, and GOLDEN WEST SAVINGS ASSOCIATION SERVICE CO., a California Company; SANDRA KNOWLES, an individual; GUSTAVO RODRIGUEZ, an individual; KEN REED, an individual; DOES 1 through 10, Defendants.

ORDER

WILLIAM Q. HAYES, District Judge.

The matter before the Court is the Motion to Consolidate Separate Actions ("Motion to Consolidate") (ECF No. 38) filed by Defendants Wells Fargo and Golden West.

BACKGROUND

On June 11, 2014, Plaintiff Albert Zappia initiated this action by filing a complaint.

On October 10, 2014, Plaintiff filed a first amended complaint against Defendants World Savings F.S.B. ("World"), Wachovia F.S.B. ("Wachovia"), Wells Fargo, N.A. ("Wells Fargo"), and Golden West Savings Association Co. ("Golden West"). (ECF No. 17). The property which is the subject of this action is 1560 Stevenson Drive, San Marcos, California 92708. Plaintiff provides a legal description of the property. See ECF No. 17 ¶ 24. Plaintiff's action makes the following allegations:

The Property was secured by an Adjustable Rate Mortgage ("ARM") Note... signed on August 22, 2002....
...
On December 7, 2003, Plaintiff filed for a Chapter 7 Bankruptcy proceeding in the Southern District Bankruptcy Court, Case[] [No.] 03-010903-JH7.
...
During the time of the proceeding, both WORLD and/or WELLS FARGO did not file any proof of claim to assert their right to the property and the debt.
...
On March 10, 2004, Plaintiff received a discharge from the bankruptcy court with WORLD and WELLS FARGO both listed as creditors whose debts were discharged.
Plaintiff continued to make his monthly payments and approximately a year later he began to question certain activities that were taking place with WORLD. He began to receive invoices statements from Wachovia. Plaintiff does not believe that the First Note was allegedly assigned to WACHOVIA... without a concurrent assignment of the First Deed of Trust, the First Deed of Trust became invalid.

Id. ¶¶ 26, 31, 34, 37-39. Plaintiff's first amended complaint asserts seven causes of action including: (1) accounting and violation of Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. section 2605, 24 C.F.R. 3500, against Defendants Wachovia and Wells Fargo; (2) violation of Racketeer Influenced and Corrupt Organizations Act ("RICO") 18 U.S.C. section 1961-63 et seq., mail fraud and wire fraud against all Defendants; (3) violation of the Fair Debt Collections Practices Act ("FDCPA") against all Defendants; (4) Declaratory Relief against all Defendants; (5) violation of the Truth In Lending Act ("TILA"), 15 U.S.C. section 1641g, against Defendants ...


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