Hernandez

INTRODUCTION

21 In this putative class action, plaintiffs move for class certification. For the following 22 reasons, the motion is GRANTED IN PART AND DENIED IN PART.

STATEMENT

24 Previous orders have stated the basic facts. In brief, plaintiffs all had their mortgage 25 loans serviced by defendant Wells Fargo Bank, N.A. Although they met the Home Affordable 26 Modification Program (HAMP) requirements, defendant failed to offer them mortgage 27 modifications. Later, defendant discovered a calculation error that had caused certain fees to be misstated and had resulted in incorrect mortgage modification denials (Amd. Compl. ¶¶ 30– 69, 109–13). The operative complaint makes the following claims: breach of contract, intentional infliction of emotional distress, wrongful foreclosure, violation of California’s Homeowners Bill of Rights, violation of California’s unfair competition law, and violations of state consumer protection laws. Based on these theories, plaintiffs seek to certify the following nationwide class: All persons who between 2010 and 2018 (i) qualified for a home loan modification or repayment plan pursuant…