Gomez v. World Savings Bank FSB et al

Filing 24

ORDER Dismissing First Amended Complaint Against Defendant Wells Fargo Bank, N.A. (and its Internal Divisions Wells Fargo Home Mortgage and Wachovia Mortgage) With Prejudice, signed by Judge Oliver W. Wanger on 12/29/2010. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDWARD GOMEZ, ) ) Plaintiff, ) ) vs. ) ) WORLD SAVINGS BANK FSB, ) MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, WELLS FARGO ) BANK, CAL WESTERN RECONVEYANCE ) ) CORP; and DOES 1 through 100, inclusive ) ) ) Defendants. ) ) ) ) Case No. 1:10-CV-01463-OWW-DLB [Assigned to Hon. Oliver W. Wanger, District Judge, Courtroom 3] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

ORDER DISMISSING FIRST AMENDED COMPLAINT AGAINST DEFENDANT WELLS FARGO BANK, N.A. (AND ITS INTERNAL DIVISIONS WELLS FARGO HOME MORTGAGE AND WACHOVIA MORTGAGE) WITH PREJUDICE

On December 13, 2010, this Court issued its Memorandum Decision Regarding Motion to Dismiss (Doc. 16), sustaining, with prejudice, the Motion to Dismiss Plaintiff's First Amended Complaint against defendant WELLS FARGO BANK, N.A., (including its internal division Wells Fargo Home Mortgage and Wachovia Mortgage, a division of Wells Fargo Bank, N.A., formerly known as Wachovia Mortgage, FSB, and World Savings Bank, FSB, sued as "Wells Fargo Bank, successor to Wachovia Mortgage FKA World Savings Bank, FSB" ("WELLS FARGO BANK"). /// Accordingly: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. 2. 3. First claim for relief: "Predatory Lending" is DISMISSED, with prejudice; Second claim for relief: "RESPA" is DISMISSED, with prejudice; Third claim for relief: "Unfair Competition Law Claims" is DISMISSED, with
CASE NO. 1:10-CV-01463-OWW-DLB 95451/000410/00081280-1{95451/000410/00081280 ORDER DISMISSING FIRST AMENDED COMPLAINT

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prejudice; Fourth claim for relief: "Conspiracy to Commit Fraud, Conversion" is DISMISSED, with prejudice; Fifth claim for relief: "Conspiracy to Commit Fraud, MERS System" is DISMISSED, with prejudice; Sixth claim for relief: "Unjust Enrichment" is DISMISSED, with prejudice; Seventh claim for relief: "Vacate and Set Aside Foreclosure" is DISMISSED, with prejudice; Eighth claim for relief: "Quiet Title" is DISMISSED, with prejudice; Ninth claim for relief: "Fraud" is DISMISSED, with prejudice; Tenth claim for relief: "Cal. Civ. Code §§ 1916.7, 1920, 1921" is DISMISSED, with prejudice; Eleventh claim for relief: "Inspection and Accounting" is DISMISSED, with prejudice; Twelfth claim for relief: "Injunctive and Declaratory Relief" is DISMISSED, with prejudice; IT IS HEREBY ORDERED: 1. 2. Plaintiff's First Amended Complaint is DISMISSED in its entirety, with prejudice; Defendant's Motion to Strike (Doc. 17) is MOOT.

Dated: December 29, 2010

/s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE

CASE NO. 1:10-CV-01463-OWW-DLB 95451/000410/00081280-1{95451/000410/00081280 ORDER DISMISSING FIRST AMENDED COMPLAINT

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