Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO

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Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO

Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

GUSTAVO REYES, ET AL., Plaintiffs,

v.

WELLS FARGO BANK, N.A., Defendant

[…]

IV. CONCLUSION

For the reasons stated above, Defendant’s Motion is GRANTED in part and DENIED in part
as follows: 1) the Motion is GRANTED as to Plaintiffs’ claim for breach of contract/breach of the
implied covenant of good faith and fair dealing, which is dismissed for failure to state a claim.
Because the Court concludes that Plaintiffs cannot state a claim by amending their complaint, this
claim is dismissed without leave to amend; 2) the Motion is GRANTED as to Plaintiffs’ claim for
restitution/rescission except as to Plaintiffs’ March payment, as to which Plaintiffs state a claim.
Otherwise, the claim is dismissed without leave to amend; 3) the Motion is DENIED as to Plaintiffs’
claim under the Rosenthal Act; and 4) the Motion is DENIED as to Plaintiffs’ unfair competition
claim under Cal. Bus. & Prof. Code §§ 17200 et seq.

IT IS SO ORDERED.

Dated: January 3, 2011

[ipaper docId=46601201 access_key=key-18r7livq9j20rvqfwc29 height=600 width=600 /]

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4 Responses to “Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO”

  1. Dave Krieger says:

    This is what you get for filing class action lawsuits. Coulda should woulda had better luck probably filing a quiet title action …
    http://www.cloudedtitles.com … good things are happening here!

  2. losing my home in florida says:

    wells fargo is scr-wing us and the judges dont get it. better yet the big banks finance their campaigns. think about that california judge probably had his campaign financed by wells fargo. how do you bite the hand that feeds you????? please anyone connected to this lawsuit contact the occ, the sec, and the california bar. find out who financed this judges campaign . and if wells fargo turns out to be a contributor please appleal this case. this ase meant so much to rest of us out in foreclsoure fraud land that wells fargo id f-ing with. i am am sick to my stomcach. lost paperwork, fraudulent appraisals, and now when i found all my mortgage closing docs found out he mortgage broker lied on my mortgage application. the application was never ink signed by me it says electronic sig.???? hmmmm maybe if my ink sig was on my copy it would have had meaning. to me it looks like it was thrown into my blank closing document file. to filed and never looked at again. remember please we are suppose to walk away from our homes foreclsoures are shameful.. they had all the power to approve anyone. please god healp uss

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