Chu
Chu v. Fay Servicing, LLC
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…