Penermon

Penermon v. Wells Fargo Bank, N.A.

Good Law
47 F. Supp. 3d 982·2014 WL 2754596·2014 U.S. Dist. LEXIS 81047
United States District Court, Northern District of CaliforniaJune 11, 2014Case No.: 14-cv-00065-KAWCalifornia9,298 words

Opinion

Lead Opinion

Westmore, J.

*986 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT WELLS FARGO BANK, N.A.’S MOTION TO DISMISS

(Dkt. No. 14)

On February 24, 2014, Defendant Wells Fargo Bank, N.A. filed a motion to dismiss Plaintiff Charlotte Penermon’s first amended complaint alleging that Wells Fargo violated the California Homeowner Bill of Rights (hereafter “HBOR”).

On April 17, 2014, the Court held a hearing, and after careful consideration of the parties arguments and the applicable legal authority, for the reasons set forth below, the Court GRANTS IN PART AND DENIES IN PART Wells Fargo’s motion to dismiss.

I. BACKGROUND

On February 12, 2008, Plaintiff Charlotte Penermon refinanced her mortgage loan, secured by a deed of trust, with Wachovia Mortage, FSB (“Wachovia”) for the Subject Property located at 4533 San Carlos Ave., Oakland, California. (PL’s First Am. Compl., “FAC,” Dkt. No. 12 ¶ 8.) In 2009, Wachovia merged with Defendant Wells Fargo. Id.

Plaintiff asserts that in January 2013, due to deteriorating health conditions, she sent Wells Fargo an authorization to release information to her son, Enrico Penermon (“Enrico”) so that he could communicate with Wells Fargo on her behalf. (FAC ¶…

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