Chu

Chu v. Fay Servicing, LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 8, 20214:20-cv-03540California1,845 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEPHANIE CHU, CASE NO. 20-CV-3540-YGR

Plaintiff, ORDER DENYING MOTION FOR LEAVE TO

AMEND AND DISMISSING ACTION

vs. (Dkt. No. 55) FAY SERVICING, LLC, ET AL., Defendants.

In her motion filed at Docket No. 55, plaintiff Stephanie Chu seeks leave to amend to file a proposed Third Amended Complaint (“Proposed TAC”) to allege four claims: (1) violation of the Truth In Lending Act (TILA), 15 U.S.C. §1641(g); (2) negligence; and (3) breach of contract; and (4) violation of Cal. Business & Professions Code section 17200 (“UCL”) based upon the TILA violation and alleged wrongful foreclosure based on non-payment of property taxes. Federal Rule of Civil Procedure 15(a) provides that a trial court should “freely give leave when justice so requires.” “In deciding whether justice requires granting leave to amend, factors to be considered include the presence or absence of undue delay, bad faith, dilatory motive, repeated failure to cure…

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.