Mulato

Mulato v. Wells Fargo Bank, N.A.

Good Law
76 F. Supp. 3d 929·2014 WL 7243096·2014 U.S. Dist. LEXIS 176404
United States District Court, Northern District of CaliforniaDecember 19, 2014Case No. 14-cv-00884 NCCalifornia15,791 words

Opinion

Lead Opinion

Cousins, J.

ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT; GRANTING THE INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS; GRANTING IN PART WELLS FARGO’S MOTION TO DISMISS; DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; DENYING WELLS FARGO’S MOTION FOR SANCTIONS; and DENYING PLAINTIFF’S COUNTER MOTION FOR SANCTIONS

Re: Dkt. Nos. 28, 40, 42, 59, 63, 71, 75, 78,

Plaintiff Yolanda Bumatay Mulato brings this action against Wells Fargo Bank and four of its employees arising out of the denial of her application for a loan modification. Wells Fargo moves to dismiss the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The employee defendants move to dismiss, the case against them under Rule 12(b)(2) for lack of personal jurisdiction. Also pending before the Court are Mulato’s motion for preliminary injunction, her motion for leave to amend the complaint, and cross-motions for sanctions.

I. BACKGROUND

A. The Allegations of the Operative Complaint

In analyzing claims under Federal Rule of Civil Procedure 12(b)(6), the Court as *937 sumes that all material facts alleged in the complaint are true. Coal. For ICANN Transparency, Inc. v. VeriSign,…

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