Gilmore
Gilmore v. Wells Fargo Bank N.A.
Opinion
Lead Opinion
Wilken, J.
ORDER GRANTING IN PART AND DENYING IN PART WELLS FARGO’S MOTION TO DISMISS AND GRANTING PLAINTIFF LEAVE TO AMEND (Docket No. 29)
Plaintiff Kevin E. Gilmore asserts various mortgage-related claims against Defendants Wells Fargo Bank, NA and NDEX West, LLC. 1 Wells Fargo moves to dismiss Plaintiffs complaint. The Court took the motion under submission on the papers. Having considered the arguments presented by the parties, the Court GRANTS the motion in part and DENIES it in part and GRANTS Plaintiff leave to amend.
BACKGROUND
I. Request for Judicial Notice
Wells Fargo asks that the Court take judicial notice of several documents associated with Plaintiffs home loan. Wells Fargo’s Request for Judicial Notice (RFJN) Exs. 1-9. “[A] court may take judicial notice of matters of public record.” Sami v. Wells Fargo Bank, 2012 WL 967051 , at *4 (N.D.Cal.) (citation omitted). Although courts generally cannot consider documentary evidence on a motion to dismiss, doing so is appropriate when the pleadings refer to the documents, their authenticity is not in question and there are no disputes over their relevance. Coto Settlement v. Eisenberg, 593 F.3d 1031, 1038 (9th Cir.2010).