Mcintosh

Mcintosh v. Wells Fargo Bank, N.A.

Good Law
United States District Court, Northern District of CaliforniaJune 11, 20203:20-cv-01649California5,616 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MYRIAN Y. MCINTOSH,

Case No. 20-cv-01649-RS Plaintiff, 11 v. ORDER GRANTING MOTIONS TO DISMISS WITH LEAVE TO AMEND WELLS FARGO BANK, N.A., et al., 13 Defendants.

I. INTRODUCTION Plaintiff Myrian McIntosh brings this action against defendants Wells Fargo Bank, N.A., U.S. Bank, N.A., and Catamount Properties, LLC, regarding a loan secured by a mortgage on the property located at 102 Ford Drive, American Canyon, CA (“the Property”). McIntosh alleges defendants breached a class action settlement, wherein she was a class member, breached her Deed of Trust, and violated California’s Homeowner Bill of Rights (“HBOR”)—and thus wrongfully foreclosed upon the Property. Defendants now move to dismiss under Rule 12(b)(6). Pursuant to Civil Local Rule 7-1(b), as well as a prior order, see ECF No. 48, the motions are suitable for disposition without oral argument. For the reasons set forth…

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