Granados

Granados v. City National Bank

Good Law
United States District Court, Northern District of CaliforniaSeptember 27, 20244:23-cv-02948California5,527 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELIZABETH GRANADOS, Case No. 23-cv-02948-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v. MOTION TO DISMISS

WHARTON NOTE COMPANY, Re: Dkt. No. 61 Defendant.

12 Before the Court is Defendant’s motion to dismiss Plaintiff’s amended complaint, Dkt. No. 61. The Court finds the matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). The Court GRANTS the motion in part and DENIES it in part. I. BACKGROUND Plaintiff Elizabeth Granados alleges that Defendant Wharton Note Company is wrongfully seeking to foreclose on her property. See Dkt. No. 16 (“FAC”). Plaintiff states that in 2005 she obtained a second-position mortgage in the amount of $120,000 from City National Bank (“CNB”) and executed a deed of trust as security for the note. Id. at ¶ 12. Although at the time Plaintiff owned the property with her…

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