Taguinod

Taguinod v. World Savings Bank, FSB

Caution
755 F. Supp. 2d 1064·2010 WL 5185845·2010 U.S. Dist. LEXIS 127677
United States District Court, Central District of CaliforniaDecember 2, 2010CV 10-7864-SVW (RZx)California4,123 words

Opinion

Opinion

Wilson, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION TO STRIKE [8, 9]

I. INTRODUCTION

On May 26, 2010, Plaintiffs Johnny Taguinod and Wilhelmina Taguinod filed this suit in the Los Angeles Superior Court against their lender, Wells Fargo Bank, N.A. (‘Wells Fargo”), and the escrow agent, West Coast Escrow. Following the voluntary dismissal of West Coast Escrow in state court, Wells Fargo removed the action to this Court based on diversity jurisdiction. The Complaint includes twelve causes of action relating to the refinancing of their home loan and the recent foreclosure proceedings. Those causes of action include (1) fraud, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) rescission, (5) conversion, (6) constructive trust, (7) breach of fiduciary duty, (8) failure to provide loan disclosures, (9) failure to comply with California Civil Code § 2923.5, (10) elder abuse, (11) intentional infliction of emotional distress (“IIED”) and negligent infliction of emotional distress (“NIED”) and (12) violations of California Civil Code § 17200 (the “UCL”).

II. FACTS

On May 1, 2007, Plaintiffs obtained a $735,000 loan from…

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