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

Filing 18

ORDER TO SHOW CAUSE RE BANKRUPTCY. Show Cause Response due by 6/6/2014. Signed by Judge Alsup on 6/3/2014. (whalc3, COURT STAFF) (Filed on 6/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERTA ALVAREZ and PAUL
ALVAREZ,
No. C 14-01925 WHA
Plaintiffs,

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v.

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WACHOVIA BANK, FSB aka
WACHOVIA MORTGAGE
CORPORATION; WELLS FARGO
BANK, N.A. aka WELLS FARGO HOME
MORTGAGE; HOME MORTGAGE;
PRIME MORTGAGE, INC.; EDWARD
M. GARCIA, an individual; NEW
CENTURY TITLE COMPANY; and
DOES 1-20, inclusive,

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ORDER TO SHOW CAUSE RE
CHAPTER 7 BANKRUPTCY

Defendants.

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For the Northern District of California

United States District Court

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Defendant Wells Fargo states in its motion to dismiss that plaintiffs failed to disclose the

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claims they now allege in this action when they filed for Chapter 7 bankruptcy in 2010 and 2012

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(Br. at 3; RJN Exhs. D–J). Failure to disclose potential legal claims results in the forfeiture of

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those claims. Britto v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 146978, at *4–8 (N.D. Cal.

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Oct. 10, 2013) (Judge William Alsup).

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Plaintiffs are ORDERED TO SHOW CAUSE by NOON ON JUNE 6 why this action should

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not be dismissed for lack of standing.

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IT IS SO ORDERED.

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Dated: June 3, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE