(PS) Collins v. Wells Fargo and Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN RAY COLLINS, et al., Case No. 2:23-cv-02676-DAD-CSK Plaintiffs, FINDINGS AND RECOMMENDATIONS

RECOMMENDING MOTION TO DISMISS

v. BE GRANTED WELLS FARGO , Defendant. (ECF No. 9) 16 Plaintiffs Steven Ray Collins and Sharon Lavette Collins are proceeding in this action pro se. (ECF No. 1.)1 Pending before the Court is Defendants Wells Fargo Bank, N.A. and Wells Fargo & Company’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which is fully briefed. (ECF Nos. 9, 12, 18.) For the reasons stated below, the Court recommends GRANTING Defendants’ motion to dismiss without leave to amend. The Court also recommends that Plaintiff’s motion for preliminary injunction (ECF No. 2) be DENIED as moot. I. BACKGROUND In November 2004, Plaintiffs obtained a loan from Defendant Wells Fargo Bank, N.A.’s (“Wells Fargo Bank”) predecessor-in-interest, World Savings Bank, in the amount 27 1 This matter…