Tawfik
Tawfik v. Select Portfolio Servicing, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HUSSEIN TAWFIK, et al., Case No. 20-cv-02946-JSC
Plaintiffs,
ORDER RE: MOTION FOR
v. SUMMARY JUDGMENT
SELECT PORTFOLIO SERVICING, INC., Re: Dkt. No. 59 et al., 11 Defendants.
12 Plaintiffs bring state law claims against U.S. Bank, N.A.1 and its mortgage loan servicer, Select Portfolio Servicing, Inc. Before the Court is Defendants’ motion for summary judgment, (Dkt. No. 59), which is fully briefed, (Dkt. Nos. 60–63). After carefully considering the parties’ briefing, the Court concludes that oral argument would not be helpful and VACATES the September 2, 2021 hearing. See N.D. Cal. Civ. L.R. 7-1(b). For the reasons explained below, the Court GRANTS Defendants summary judgment on the fraud claim and DENIES their motion on the contract claim. FACTUAL BACKGROUND In May 2006, Plaintiffs Hussein Tawfik and Heidi Tawfik purchased a property located at 492-496 N. Whisman Road in Mountain View, California. (Dkt.…