Warren

Warren v. PNC Bank National Association

Good Law
United States District Court, Northern District of CaliforniaApril 30, 20233:22-cv-07875California6,831 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHRISTOPHER WARREN, Case No. 22-cv-07875-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

PNC BANK NATIONAL ASSOCIATION, Re: Dkt. No. 17 Defendant.

12 Defendant PNC Bank National Association (“PNC”) moves to dismiss this complaint brought by plaintiff Christopher Warren, who alleges that PNC violated federal regulations and California law by failing to notify or provide him with certain information before foreclosing on and selling his home. The motion is GRANTED in part and DENIED in part. Warren has plausibly alleged violations of the California Homeowner Bill of Rights (“HBOR”) and Real Estate Settlement Procedures Act (“RESPA”) based on PNC’s alleged failure to provide him information before and after filing a notice of default, and alleged failure to respond to his notice of error. His negligence claim may proceed based on the statutory duties imposed by the HBOR and RESPA and the alleged breaches of…

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