Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 49

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/21/11 GRANTING 26 Motion to Dismiss; DENYING 27 Motion to Strike; GRANTING 28 Request for Judicial Notice with respect to Exhibits F and G but DENIED as t o the remaining exhibits; DENYING 43 Request for Judicial Notice. RECOMMENDING Plaintiffs claims for CLRA violations, false advertising, violation of Civil Code Section 2943, wrongful foreclosure,and quiet title, be dismissed with prejudice; Plaint iffs claims for negligent misrepresentation and negligence, insofar as they arise implicitly or explicitly from the Forbearance Agreement, be dismissed with prejudice. Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties.(Williams, D) Modified on 3/22/2011 (Caspar, M).

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