Forbes

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THOMAS FORBES, Case No. 23-cv-03654-VC

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS

WELLS FARGO BANK, NATIONAL Re: Dkt. Nos. 9, 11 ASSOCIATION, et al., Defendants.

The complaint is dismissed as to all defendants. The allegations in the complaint are often difficult to follow or conclusory, and the causes of action are nonspecific about what alleged conduct is relevant. Each cause of action fails for multiple reasons—this order canvasses some examples. This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. Breach of security instrument. The statute of limitations bars claims based on alleged misconduct from more than four years ago. Cal. Civ. Proc. Code § 338(g). The only remaining allegations are about the 2021 Notice of Default, which Forbes argues was deficient under the terms of the Deed of Trust, specifically Section 22 of that instrument. But no violation of Section 22 is plead: The language in the Notice of Default provides Forbes notice and does not itself accelerate the debt. See…