Hernandez

Hernandez v. Hilltop Financial Mortgage, Inc.

Good Law
622 F. Supp. 2d 842·2007 WL 3101250·2007 U.S. Dist. LEXIS 80867
United States District Court, Northern District of CaliforniaOctober 22, 2007C 06-7401 SICalifornia5,270 words

Opinion

Opinion

Illston, J.

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM AND GRANTING AMERIQUEST’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

On October 3, 2007, the Court heard argument on defendants’ motion to dismiss for failure to state a claim and on defendant Ameriquest’s motion to dismiss for lack of subject matter jurisdiction. Having considered the arguments of counsel and the papers submitted, the Court hereby DENIES defendants’ motion to dismiss for failure to state a claim and GRANTS Ameriquest’s motion to dismiss for lack of subject matter jurisdiction.

BACKGROUND

This action arises from two mortgage loans received by plaintiffs Sergio and Maria Hernandez. Each loan transaction took place with different companies. However, both situations share similar circumstances: all discussions with plaintiffs took place in Spanish, plaintiffs received and executed documents solely in English without an interpreter present, and the English documents allegedly contained misrepresentations of the terms agreed to during negotiations.

Plaintiffs first refinanced with defendant Ameriquest Mortgage Company on January 9, 2004. As plaintiffs speak limited English, all…

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