Janovich

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 TIMOTHY P. JANOVICH,

Plaintiff. No. 2:21-cv-00402-TLN-KJN v.

WELLS FARGO BANK, N.A. ORDER

14 Defendant.

16 17 This matter is before the Court on Defendant Wells Fargo Bank, N.A.’s (“Defendant”) Motion to Dismiss. (ECF No. 5.) Plaintiff Timothy P. Janovich (“Plaintiff”) opposed the motion. (ECF No. 6.) Defendant replied. (ECF No. 10.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant’s motion. (ECF No. 5.) /// /// /// /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND1 Plaintiff is a borrower who seeks to obtain damages from Defendant after the alleged wrongful foreclosure of his property located at 2536-2532 Michelle Drive, Sacramento, California (the “Subject Property”). (ECF No. 1 at 17.) In 2006, Plaintiff entered into a loan with World Savings Bank FSB in the amount of $225,000 (the “Senior Loan”), collateralized by the Subject Property. (Id. at 18.) Plaintiff also entered…