Banton
Banton v. Wells Fargo Bank N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL BANTON, No. 1:19-cv-00928-DAD-JLT Plaintiff, v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS WITH PREJUDICE
WELLS FARGO BANK, N.A., and DOES 1–10 inclusive, (Doc. No. 31) 15 Defendants.
17 This matter is before the court on defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) motion to dismiss plaintiff Darryl Banton’s First Amended Complaint (“FAC”). (Doc. Nos. 22, 31.) The court has deemed the matter suitable for decision on the papers under Local Rule 230(g) and, for the reasons explained below, will grant defendant Wells Fargo’s motion to dismiss with prejudice. BACKGROUND Defendant removed this action from Kern County Superior Court on July 5, 2019. (Doc. No. 1.) The crux of plaintiff’s claims is that defendant attempted to foreclose on plaintiff’s property located at 1201 Alder Avenue, Tehachapi, CA 93561, despite plaintiff’s efforts to seek a loan modification from…