Cruz
Cruz v. Wachovia Mortgage
Opinion
Opinion
Matz, J.
Proceedings: IN CHAMBERS (No Proceedings Held)
I. BACKGROUND
Abundio A. Cruz and his wife Luz M. Cruz (“Plaintiffs”) brought suit against World Savings Bank, Wachovia Mortgage, Wells Fargo Bank and others to stop the foreclosure and resale of their home and to challenge allegedly unfair business practices that caused them to take out a payment-option, adjustable-rate home mortgage loan. On December 6, 2010, the Court granted the motion of defendant Wachovia Mortgage to dismiss with prejudice Plaintiffs’ second amended complaint (“SAC”). Wachovia Mortgage, having prevailed in the lawsuit, now seeks to recover from Plaintiffs an award of $18,552.50 in attorneys’ fees. For the reasons set forth below, the Court finds that such an award would be inequitable and unreasonable. Accordingly, the Court DENIES the motion.
II. ANALYSIS
A. Prior Proceedings
In a detailed order dated December 6, 2010 (Docket No. 52), the Court granted Wachovia Mortgage’s motion to dismiss for a number of mostly technical reasons. For example, the gist of Plaintiffs’ claims in the SAC appeared to be that they were deceived into taking out a payment-option, adjustable-rate mortgage (“option ARM”) when they…