Nasseri
Nasseri v. Wells Fargo Bank, N.A.
Opinion
Lead Opinion
Alsup, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND DENYING MOTION FOR A MORE DEFINITE STATEMENT
INTRODUCTION
In this foreclosure dispute, defendant moves to dismiss the complaint for failure *940 to state a claim and, in' the alternative, moves for a more definite statement. To the extent stated herein, the motion to dismiss is Denied. Defendant’s motion for a more definite statement is Denied. Defendant’s requests for judicial notice are Granted.
STATEMENT
The following well-pled facts are assumed to be true for the purposes of the present motion. In September 2002, plaintiff Fariba Nasseri purchased property in Danville, California. In 2007, plaintiff refinanced her property, executing a deed of trust and promissory note with defendant Wells Fargo. Between September 2007 and December 2012, plaintiff made timely mortgage payments each month (Compl. ¶¶ 9-10).
Around December 2012, plaintiffs husband lost his job. Although plaintiff alleges she. could have continued making her approximately $4,500.00 monthly payments, she hoped to obtain a more comfortable mortgage payment while her husband remained unemployed. Plaintiff contacted Wells Fargo regarding a forbearance plan (Compl.…