Carla Visendi v. Bank of America, N.A.

Caution
733 F.3d 863·2013 WL 5734802·86 Fed. R. Serv. 3d 1784·2013 U.S. App. LEXIS 21505
United States Court of Appeals for the Ninth CircuitOctober 23, 201317-16146California3,065 words

Opinion

Opinion

Smith, J.

In this appeal, we address whether Defendants-Appellants (Defendants) properly removed a 137-plaintiff action from state court to federal court under the Class Action Fairness Act of 2005 (CAFA), Pub.L. No. 109-2, 119 Stat. 4 (2005). We also consider whether Plaintiffs-Appellees (Plaintiffs) are misjoined under Federal Rule of Civil Procedure 20(a). We answer both questions in the affirmative. Accordingly, we reverse the order of the district court, and remand with instructions to dismiss without prejudice the claims of all Plaintiffs but the first named Plaintiff, Carla Visendi.

FACTUAL AND PROCEDURAL BACKGROUND

On August 17, 2011,137 named plaintiffs sued 25 financial institutions in the Sacramento County Superior Court. Plaintiffs alleged, among other things, that the institutions’ deceptive mortgage lending and securitization practices decreased the value of their homes, impaired their credit scores, and compromised their privacy. They asserted eight state law causes of action: rescission, fraudulent concealment, intentional and negligent misrepresentation, invasion of privacy, and violation of California Civil Code §§ 2923.5, 1798.82, and 2924.

On September 12,…

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