Ngoc Nguyen v. Wells Fargo Bank, N.A.

AMENDED ORDER DENYING MOTION TO REMAND; DENYING MOTION FOR SANCTIONS; GRANTING MOTION TO DISMISS; DENYING MOTION TO STRIKE AS MOOT

This Order is hereby AMENDED to correct a typographical error in the Court’s October 25, 2010 Order wherein the Court mistakenly identified Wells Fargo Bank, N.A.’s main office as being located in North Dakota, as opposed to South Dakota where the evidence shows that its main office is actually located. The Order remains unchanged from the previous version in all other respects.

I. Introduction

On August 6, 2010, Plaintiff Tony Phat Ngoc Nguyen filed a complaint in Contra Costa County Superior Court against Defendants Wells Fargo Bank, N.A. (also known as Wachovia Mortgage, a division of Wells Fargo Bank, N.A.M. and formerly known as Wachovia Mortgage FSB, formerly known as World Savings Bank, FSB) (“Wells Fargo”) and Executive Trustee Services, LLC (“ETS”) alleging wrongful foreclosure, violation of California Civil Code § 2923.5 and 2924, fraudulent misrepresentation, fraudulent concealment, conspiracy to defraud, unconscionability, quiet title, violation of California Business & Professions Code § 17200, conversion, and declaratory and injunctive…