Hayward v. Bank of America, N.A.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KELLI HAYWARD, an individual, No. 2:16-cv-03047-MCE-DMC Plaintiff, v. ORDER BANK OF AMERICA, N.A., Defendant. 16 17 Through the present lawsuit, Plaintiff Kelli Hayward (“Plaintiff”) seeks damages against her mortgage servicer, Defendant Bank of America, N.A., (“BANA”) on grounds that BANA wrongfully withheld payments received from Plaintiff’s insurance carrier following a 2013 fire loss and failed to credit those retained funds against the outstanding balance owing on Plaintiff’s mortgage loan. Plaintiff’s operative First Amended Complaint (“FAC”) asserts ten claims against BANA: 1) violation of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”); violation of California’s Rosenthal Act, Cal. Civ. Code §§ 1788, et seq.; 3) negligence; 4) invasion of privacy; 5) breach of contract; 6) conversion; 7) quiet title; 8) intentional infliction of emotional distress; 9) violation of California Consumer Legal Remedies Act,…