(PS) Prasad v. Wells Fargo Home Mortgage

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROSHNI PRASAD, Case No. 2:22-cv-01505-WBS-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS WELLS FARGO HOME MORTGAGE, et al., 15 Defendants. 16 Plaintiff Prasad, proceeding without counsel, brings claims for breach of contract against defendants for allegedly failing to modify the terms of her mortgage agreement after the parties entered into a loan modification agreement. ECF No. 1-1. Defendants move to dismiss the complaint, arguing primarily that—contrary to plaintiff’s allegations—they offered plaintiff the agreed-upon loan modification and that plaintiff rejected the proposed terms. ECF No. 4. In support of this argument, defendants ask that this court take judicial notice of correspondence between the parties, which they contend demonstrates the falsity of plaintiff’s allegations. ECF No. 5. Because defendants’ argument relies on extrinsic documents that may not be considered in adjudicating their motion, I recommend that…