Frustere v. Wells Fargo Bank, N.A. et al

Filing 37

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS. Plaintiff's Second Cause of Action ("Intentional Misrepresentation") is dismissed with leave to amend. Plaintiff's Eighth Cause of Action ("Negligence") is dismissed without leave to amend. Plaintiff's Third Amended Complaint, if any, shall be filed no later than August 17, 2012. Signed by Judge Maxine M. Chesney on July 13, 2012. (mmclc2, COURT STAFF) (Filed on 7/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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RICHARD A. FRUSTERE,
Plaintiff,

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No. C 11-6395 MMC
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS

v.
WELLS FARGO BANK, N.A., BRENDAN
MURPHY, individually and as trustee of the
MURPHY FAMILY TRUST, and DOES 1 TO
100,

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Defendants.
/

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Before the Court is defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) Motion to
Dismiss, filed May 23, 2012. Plaintiff Richard Frustere (“Frustere”) has filed opposition, to
which defendant has replied. The matter came on regularly for hearing July 13, 2012.
Jason M. Richardson appeared on behalf of Wells Fargo. Mary Catherine Wiederhold
appeared on behalf of Frustere.
Having read and considered the parties’ respective written submissions, and for the
reasons stated on the record at the hearing, the Court hereby GRANTED, as follows:
1. Plaintiff’s Second Cause of Action (“Intentional Misrepresentation”) is dismissed
with leave to amend.
2. Plaintiff’s Eighth Cause of Action (“Negligence”) is dismissed without leave to
amend.

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3. Plaintiff’s Third Amended Complaint, if any, shall be filed no later than August
17, 2012.
IT IS SO ORDERED.

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Dated: July 13, 2012
MAXINE M. CHESNEY
United States District Judge

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