Cooper

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELIZABETH COOPER, Case No. 20-cv-02151-EMC

8 Plaintiff,

ORDER DISMISSING COUNT 1

9 v. Docket Nos. 31-32 10 WELLS FARGO BANK, N.A., et al., 11 Defendants.

12 13 14 Previously, the Court deferred ruling on Count 1 of the operative complaint and ordered 15 the parties to provide supplemental briefing. See Docket No. 30 (minutes). The briefing has now 16 been provided. Having considered such, the Court hereby dismisses Count 1 with prejudice. 17 In Count 1, Ms. Cooper claims that Wells violated § 2923.6 because it recorded a notice of 18 trustee’s sale while her appeal was still pending. Wells argues that it did deny her appeal before 19 recording the notice of sale and, even if Ms. Cooper did not get the letter denying her appeal back 20 when it was first issued, she has now seen the letter (if only by virtue of this lawsuit) – and before 21 any trustee’s sale has actually taken place. Wells notes that, under California Civil Code § 22 2924.12(c), “[a] mortgage servicer,…