Bowland v. Karamehmedovic et al
Filing
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ORDER Setting Briefing Schedule on Motion to Dismiss. Opposition due June 3, 2011. Reply due June 10, 2011. Signed by Judge Lucy H. Koh on 5/20/2011. (lhklc2, COURT STAFF) (Filed on 5/20/2011)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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Plaintiff,
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v.
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VANDA KARAMEHMEDOVIC, an individual; )
NEWCAL FINANCIAL GROUP, INC., a
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California corporation; WORLD SAVINGS
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BANK, FSB, a California corporation;
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WACHOVIA MORTGAGE, FSB, a North
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Carolina corporation; WELLS FARGO BANK, )
N.A., a corporation and DOES 1 through 100, )
inclusive,
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Defendants.
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DARLENE BOWLAND,
Case No.: 11-cv-01667-LHK
ORDER SETTING BRIEFING
SCHEDULE
Defendant Wells Fargo Bank N.A. (successor by merger to Wachovia Mortgage, FSB,
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formerly known as World Savings Bank, FSB) (“Wells Fargo”) has filed a motion to dismiss
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Plaintiff’s complaint. The motion is set for hearing on September 1, 2011 at 1:30 p.m. The Court
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hereby sets a briefing schedule for Defendant’s motion:
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Opposition: due June 3, 2011
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Reply: due June 10, 2011
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If possible, the Court will resolve the motion to dismiss on the papers in advance of the
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hearing date. The case was removed from state court by Defendant Wells Fargo on the basis of a
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single federal claim (claim 1, for violation of the Truth in Lending Act or TILA, 15 U.S.C. § 1601
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et seq.). It appears, based on the Complaint, that TILA rescission may be unavailable because the
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Case No.: 11-CV-01667-LHK
ORDER REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS
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property has already been sold. See 15 U.S.C. § 1635 (“An obligor’s right of rescission shall
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expire three years after the date of consummation of the transaction or upon the sale of the
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property, whichever occurs first.”). It also appears that Plaintiff’s claim for TILA damages is
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barred by the one-year statute of limitations. 15 U.S.C. § 1640(e). Plaintiff’s Opposition should
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address these issues and whether she can allege facts to support equitable tolling of her TILA
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damages claim. If the Court finds that Plaintiff cannot state a federal claim, or if the Plaintiff
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voluntarily dismisses the TILA claim, the Court will dismiss the TILA claim and remand the
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remaining state claims.
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IT IS SO ORDERED.
United States District Court
For the Northern District of California
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Dated: May 20, 2011
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LUCY H. KOH
United States District Judge
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Case No.: 11-CV-01667-LHK
ORDER REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS
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