Kilgore
Kilgore v. Wells Fargo Home Mortgage
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 MARSHA KILGORE (estate of), CASE NO. 1:12-CV-0899 AWI JDP
Plaintiff ORDER RE: MOTIONS TO VACATE
JUDGMENT AND TO PERMIT
v. SUBSTITUTION OF PARTY
WELLS FARGO BANK N.A., et al.,
Defendants (Docs. 67 and 74)
14 15 I. Background Defendant Wells Fargo Bank foreclosed on Plaintiff Marsha Kilgore’s home in 2012-13. To challenge that process, Plaintiff originally filed suit in state court. Defendant removed the case to the Eastern District of California Fresno Division in May 2012. Doc. 1. Plaintiff sought a temporary restraining to stop the scheduled trustee’s sale. Doc. 5. The TRO was granted on June 13 and the court set up a hearing on July 2 to consider whether a more permanent preliminary injunction should be granted. Doc. 6. Concurrently, Defendant filed a motion to dismiss the suit with a hearing scheduled for July 23. Doc. 11. On June 29, the court vacated the July 2 hearing and granted a…