Cooper

Cooper v. Wells Fargo Bank, N.A.

Good Law
United States District Court, Northern District of CaliforniaJune 30, 20203:20-cv-02151California522 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELIZABETH COOPER, Case No. 20-cv-02151-EMC

Plaintiff,

ORDER DISMISSING COUNT

v. Docket Nos. 31-32 WELLS FARGO BANK, N.A., et al., Defendants.

12 13 Previously, the Court deferred ruling on Count 1 of the operative complaint and ordered the parties to provide supplemental briefing. See Docket No. 30 (minutes). The briefing has now been provided. Having considered such, the Court hereby dismisses Count 1 with prejudice. In Count 1, Ms. Cooper claims that Wells violated § 2923.6 because it recorded a notice of trustee’s sale while her appeal was still pending. Wells argues that it did deny her appeal before recording the notice of sale and, even if Ms. Cooper did not get the letter denying her appeal back when it was first issued, she has now seen the letter (if only by virtue of this lawsuit) – and before any trustee’s sale has actually taken place. Wells notes that, under California Civil Code § 2924.12(c), “[a] mortgage servicer,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.