Legal Opinion
Plastino v. Wells Fargo Bank
District Court, N.D. California
Decided June 7, 2012No. C 12-01037 CRBPublishedCited by 13 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
CHARLES R. BREYER, District Judge.
Defendant Wells Fargo moves to dismiss the Complaint in this mortgage case on several grounds. Although the Court does not find that Plaintiff Lisa Plastino’s claims are preempted or that she failed to tender, it agrees with Defendant that she has failed to state a claim. Accordingly, the Court DISMISSES the Complaint with leave to amend.
1. BACKGROUND1
Plaintiff borrowed $700,000 from Defendant2 in 2006. Notice of Removal (dkt. 1) Ex. A ¶ 7. Because of “financial issues related to the severe economic downturn,” Plaintiff sought…
2Cases cited19 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Charles H. CAHILL; Aniko Der Cahill, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE CO., Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1996
- Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.Court of Appeals for the Ninth Circuit · 2007
- Skilstaf, Inc. v. Cvs Caremark Corp.Court of Appeals for the Ninth Circuit · 2012
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mellon v. Regional Trustee Services Corp.Court of Appeals of Washington · 2014
- Penermon v. Wells Fargo Bank, N.A.District Court, N.D. California · 2014
- Harvey v. Bank of America, N.A.District Court, N.D. California · 2012
- Barzelis Ex Rel. Estate of Barzelis v. Flagstar Bank, F.S.B.Court of Appeals for the Fifth Circuit · 2015
- Eulalio L. Salve v. PHH Mortgage CorporationDistrict Court, N.D. California · 2026
8 more not listed; retrieve them via the Exa API.