Bergman & Gutierrez defeats Wells Fargo’s motion for summary judgment!

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Bergman & Gutierrez defeats Wells Fargo’s motion for summary judgment!

Bergman & Gutierrez defeats Wells Fargo’s motion for summary judgment!

Talk about kicking A**!!


BERGMAN & GUTIERREZ –

On February 10, 2014, Bergman & Gutierrez obtained another significant win against Wells Fargo, defeating Wells Fargo’s motion for summary judgment/adjudication. Through this motion, Wells Fargo had asked the court to issue judgment in its favor by arguing Plaintiffs cannot support any of their legal claims with evidence. Judge Rebecca Riley of the Ventura Superior Court heard the motion and delivered Wells Fargo a stunning and swift defeat. The tentative ruling, which became the court’s final ruling.

Although as the moving party, Wells Fargo carried the burden of establishing that Plaintiffs’ case lacks merit, it failed to attach any of the records that had been exchanged during the lawsuit. The only evidence presented by Wells Fargo was a self-serving, conclusory declaration of Wells Fargo’s “Vice President Loan Documentation,” which it relied upon to support its position that Wells Fargo did nothing wrong during the loan modification process and had no obligation to offer a modification.

[BERGMAN & GUTIERREZ] click for court ruling.

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