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

Filing 59

ORDER DENYING PLAINTIFF'S MOTION TO ENFORCESETTLEMENT 52 . (Illston, Susan) (Filed on 3/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROGER GONZALES,

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Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-cv-02447-SI
ORDER DENYING PLAINTIFF'S
MOTION TO ENFORCE

v.
WELLS FARGO BANK, N.A., et al.,

Re: Dkt. No. 52

Defendants.

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On March 3, 2017, the Court held a hearing on plaintiff’s motion to enforce the settlement

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agreement. After consideration of the parties’ papers and the arguments of counsel, the Court

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DENIES the motion.

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Plaintiff contends that Wells Fargo breached the 2013 settlement agreement by failing to

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forgive $86,953.47 of plaintiff’s “deferred principal balance.” Plaintiff appears to be conflating

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the terms of the 2011 loan modification agreement and the 2013 settlement agreement. Under the

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2013 settlement agreement, Wells Fargo agreed to accept $12,500 as the amount to reinstate

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plaintiff’s loan, and to forgive the remaining arrears required to reinstate ($16,300). Based upon

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the record before the Court, it appears both parties complied with this provision, and plaintiff does

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not contend otherwise.

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A 2011 loan modification agreement provided that $86,953.47 in debt could be forgiven if

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plaintiff made timely payments between October 1, 2011 – October 1, 2014. However, it is

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undisputed that plaintiff missed 17 payments between May 2012 and October 2013. Plaintiff

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appears to be arguing that because he made timely payments after the execution of the 2013

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settlement agreement, Wells Fargo was required to forgive the $86,953.47. However, plaintiff

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does not cite any provision in the 2013 settlement agreement that requires Wells Fargo to forgive

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that amount, nor does he cite anything in the 2013 settlement agreement that modifies the 2011

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loan modification agreement.

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Accordingly, the Court finds that plaintiff has not demonstrated that Wells Fargo has
breached the 2013 settlement agreement, and the Court DENIES plaintiff’s motion.

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IT IS SO ORDERED.

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Dated: March 3, 2017

______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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