Cordon

Cordon v. WACHOVIA MORTG., a DIV. OF WELLS FARGO

Good Law

776 F. Supp. 2d 1029·2011 WL 835593·2011 U.S. Dist. LEXIS 28336

United States District Court, Northern District of CaliforniaMarch 4, 2011Case C 09-5333 SBACalifornia4,687 words

Opinion

Armstrong, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND DENYING DEFENDANTS’ MOTION TO STRIKE PORTION OF THE FIRST AMENDED COMPLAINT

Plaintiff Maria Alica Cordon brings the instant action against Wachovia Mortgage (“Wachovia”), claiming that its predecessor, World Savings Bank FSB (“World Savings”), and mortgage broker Golden State Financing (“GSF”) defrauded her in connection with the refinancing of her home mortgage. The parties are presently before the Court on Wachovia’s Motion to Dismiss and Motion to Strike Portions of Plaintiffs First Amended Complaint (“FAC”). Dkt. 32, 33. For the reasons stated below, the motion is dismiss is GRANTED IN PART and DENIED IN PART and the motion to strike is DENIED. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed.R.Civ.P. 78(b); N.D. Cal. Civ. L.R. 7-l(b).

1. BACKGROUND

A. Factual Summary

Plaintiff, the owner of property located at 2741-14th St., San Pablo, California (“the Property”), alleges that she was the victim of a fraudulent mortgage refinancing scheme orchestrated by World Savings. FAC ¶¶ 1, 20. According to Plaintiff, GSF personnel were trained by World…

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