DeLeon

DeLeon v. Wells Fargo Bank, N.A.

Good Law

729 F. Supp. 2d 1119·2010 WL 2382404·2010 U.S. Dist. LEXIS 62499

United States District Court, Northern District of CaliforniaJune 9, 2010Case CV 10-01390 JF (HRL)California4,383 words

Opinion

Fogel, J.

ORDER DENYING MOTION TO REMAND AND GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART

Plaintiffs Gabriel and Shawna DeLeon (the “DeLeons”) move to remand the instant action to the San Benito Superior Court for lack of diversity jurisdiction pursuant to 28 U.S.C. § 1332 , et seq. Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) moves to dismiss the action pursuant to Fed.R.Civ.P. 12(b)(6) and to strike portions of the complaint pursuant to Fed. R.Civ.P. 12(f). The Court has considered the moving and responding papers and the oral arguments of counsel presented at the hearing on May 28, 2010. For the reasons discussed below, the motion to remand will be denied, and the motion to dismiss will be granted, with leave to amend in part.

I. Background

A. Factual History

In 2004, the DeLeons purchased a home in San Benito County (the “Property”) for $804,000, secured by a note to World Savings Bank, FSB in the amount of $562,800. Compl. ¶ 10. In 2007, World Savings offered the DeLeons the option of refinancing their existing loan because the home had appreciated in value. Compl. ¶ 11. The DeLeons and World Savings entered into a refinance agreement in which the note was refinanced…

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