Jha v. Wells Fargo Bank, N.A.

Filing 65

ORDER. Signed by Judge Chhabria on 4/24/2015. (vclc2S, COURT STAFF) (Filed on 4/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PURNIMA JHA,

Case No. 14-cv-01691-VC

Plaintiff,
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v.

REQUEST FOR FURTHER BRIEFING

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WELLS FARGO BANK, N.A.,
Defendant.

United States District Court
Northern District of California

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There is a colorable argument that the plaintiff has a valid claim for breach of the deed of

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trust. The deed incorporates "applicable law," which includes federal regulations. The plaintiff

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has argued that under applicable federal regulations the defendant was required to refrain from a

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foreclosure sale for 30 days while it considered a potential modification, and that the defendant

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proceeded with the sale before the applicable 30-day period expired. The defendant has

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responded, among other things, that the language of the deed incorporating applicable law should

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be interpreted to mean that the deed incorporates only law that existed at the time the parties

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entered into the contract, not law that was created afterwards.
The problem is that the plaintiff has not identified the alleged regulation that required the

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defendant to refrain from a foreclosure sale for 30 days, while the defendant has not identified

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authority for the proposition that contract language incorporating applicable law should be

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interpreted as limited to the law that existed at the time the parties entered into the contract.

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Accordingly, the parties are ordered to file supplemental briefs, not to exceed five pages,

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addressing these questions. The plaintiff's supplemental brief is due April 29, 2015. The

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defendant's response brief is due May 1, 2015. Also on May 1, 2015, the parties must file a joint

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statement of undisputed facts relating to the summary judgment motion on the breach of contract

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claim.

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IT IS SO ORDERED.
Dated: April 24, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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