Appling

Appling v. Wachovia Mortgage, FSB

Good Law

745 F. Supp. 2d 961·2010 WL 3743770·2010 U.S. Dist. LEXIS 97726

United States District Court, Northern District of CaliforniaSeptember 17, 2010Case No.: 10-CV-01900-LHKCalifornia5,895 words

Opinion

Koh, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Defendants Wachovia Mortgage (formerly known as World Savings Bank, FSB, and Wachovia Mortgage, FSB, now a division of Wells Fargo Bank, NA) and Wells Fargo Bank, NA, move to dismiss Plaintiffs complaint. Having considered the pleadings and certain declarations and exhibits appropriately considered on a motion to dismiss, as well as the arguments of counsel, the Court grants Defendants’ motion in part and denies it in part.

I. BACKGROUND

A. Procedural History

On May 3, 2010, Plaintiff filed the instant action against Wachovia Mortgage, FSB (‘Wachovia”), World ■ Savings Bank, FA (“World Savings”), Wells Fargo Bank, NA (“Wells Fargo”), IQ Home Loans and Realty Corporation (“IQ”), Ali Mirzaei, and William Chen. The dispute arises out of a mortgage transaction in connection with which Defendants allegedly are liable for (1) violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 , et seq.; (2) negligent misrepresentation; (3) violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 , et seq.; (4) breach of fiduciary duty; (5) violations of California’s Unfair Competition Law (“UCL”),…

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