Amaral

Amaral v. Wachovia Mortgage Corp.

Good Law

692 F. Supp. 2d 1226·2010 WL 618282·2010 U.S. Dist. LEXIS 22163

United States District Court, Eastern District of CaliforniaFebruary 17, 201009-CV-00937-OWW-GWACalifornia5,067 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER RE: (1) DEFENDANT CARRINGTON’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT; (2) DEFENDANT WACHOVIA’S MOTION TO DISMISS; AND (3) DEFENDANT WACHOVIA’S MOTION TO STRIKE

I. INTRODUCTION

Before the court is a motion to dismiss or, in the alternative, a motion for a more definite statement filed by Defendant Carrington Mortgage Corporation (“Carrington”), and a motion to dismiss and a motion to strike filed by Defendant Wachovia Mortgage, FSB (“Wachovia”) erroneously sued as Wachovia Mortgage Corporation. The motions are directed at the claims asserted by Plaintiffs Mary Amaral, Joe Amaral, and Danny Amaral (“Plaintiffs”) in their removed complaint (Doc. 24-2). The following background facts are taken from the complaint and other documents on file in this case.

II. BACKGROUND

A. General Background

This is a mortgage fraud case concerning Plaintiffs’ residence located in Lemoore, California. Initially, Plaintiffs obtained two loans from Freemont & Loan (“Freemont”), one for $460,000 (the “First Loan”) and one for $115, 000 (the “Second Loan”). Around January 2008, Plaintiffs approached Wachovia to obtain a third loan,…

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