Saldana v. Wells Fargo Bank, N.A.

367 F. Supp. 3d 1063
CourtDistrict Court, N.D. California
DecidedFebruary 8, 2019
DocketCase No. 18-cv-01049-HSG
StatusPublished
Cited by1 cases

This text of 367 F. Supp. 3d 1063 (Saldana v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saldana v. Wells Fargo Bank, N.A., 367 F. Supp. 3d 1063 (N.D. Cal. 2019).

Opinion

HAYWOOD S. GILLIAM, JR., United States District Judge

Pending before the Court are two motions to dismiss Plaintiffs Amelia Saldana and Jose G. Saldana Jr.'s initial complaint. Dkt. No. 1-1 ("Compl."). The first was filed by Wells Fargo Bank, N.A. ("Wells Fargo") and the Bank of New York Mellon ("BNYM"). Dkt. No. 28 ("WF Mot."). The second was filed by U.S. Bank National Association ("US Bank"). Dkt. No. 32 ("US Bank Mot."). Also pending before the Court is US Bank's motion to strike one paragraph of Plaintiffs' complaint related to punitive damages. Dkt. No. 31 ("Strike Mot."). Briefing on all motions is complete. See Dkt. Nos. 41 ("WF Opp."), 43 ("WF Reply"), 42 ("US Bank Opp."); 44 ("US Bank Reply"); 38 ("Strike Opp."); 39 ("Strike Reply"). The Court took all motions under submission on August 28, 2018. See Dkt. No. 47; Civ. L.R. 7-1(b). After carefully considering the parties' arguments, the Court GRANTS the motions to dismiss and DENIES AS MOOT US Bank's motion to strike.1

I. BACKGROUND

On April 27, 2006, Plaintiff Amelia Saldana and her now-deceased husband Jose G. Saldana obtained a home loan secured by a Deed of Trust ("DOT") from World Savings Bank, FSB ("World Savings") in the amount of $ 420,000.00 ("Mortgage"). Compl. ¶ 12; Compl. Ex. B. The DOT was recorded against 1413 Spring St, Saint Helena, CA 94574-2037 ("Subject Property") in Napa County on May 11, 2006. Compl. Ex. B, at 1. The DOT identifies "World Savings Bank, FSB, its successors and/or assignees" as the lender and loan servicer, and conveys title and power of sale to Golden West Savings Association Service Co. as the trustee. Compl. ¶ 7; Compl. Ex. B, at 2. Golden West Financial Corporation ("Golden West") was the parent company of both the lender and trustee. Compl. ¶ 7.

*1066Plaintiffs allege that, on or before August 28, 2006, World Savings sold the Mortgage loan to the WORLD SAVINGS REMIC 24, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 24 TRUST ("WSR 24 Trust"), for which Defendant BNYM allegedly serves as trustee. Compl. ¶¶ 4, 11. Plaintiffs aver this must have happened because Golden West's Form 10-Q for the period ending June 30, 2006 purportedly "confirmed that it securitized substantially all of its residential mortgage loans." Id. ¶ 11 (citing Compl. Ex. C). Plaintiffs point to the following language in the Form 10-Q as additional support: "We often securitize our portfolio loans into mortgage-backed securities. We do this because [mortgage-backed securities] are a more valuable form of collateral for borrowings than whole loans. Securitization activity for the three and six months ending June 30, 2006 amounted to $ 4.0 billion and $ 8.6 billion, respectively, compared to $ 7.0 billion and $ 8.1 billion for the same periods in 2005." Id.

According to Plaintiffs, Wachovia Bank acquired Golden West in mid-2008, and later that same year Wells Fargo acquired Wachovia Bank. Compl. ¶ 8. Wells Fargo Home Mortgage, a division of Wells Fargo assumed the role of loan servicer. Id. ¶ 10.

On June 19, 2009, the couple "recorded a Grant Deed granting the Subject Property to the Saldana Family Revocable Trust, with Mr. and Mrs. Saldana serving as joint trustees." Compl. ¶ 1; Compl. Ex. A. The couple's son-Jose G. Saldana Jr.-is purportedly a beneficiary of the trust who resides in the Subject Property. Compl. ¶ 1.

In June 2016, Ms. Saldana and her husband defaulted on the loan, after which Wells Fargo initiated a foreclosure process. Compl. ¶ 32. Specifically, in April 2017, a Substitution of Trustee was recorded indicating NBS Default Services as the foreclosing trustee under the DOT. Id. NBS recorded a Notice of Default against the Saldanas on May 18, 2017. Id. ¶ 33; Compl. Ex. F. In August 2017, the loan's servicing rights were transferred to a new entity and Wells Fargo assigned all of its interest in the DOT to Defendant US Bank, as trustee for the Truman 2016 SC6 Title Trust.

On January 17, 2018, Plaintiffs Amelia Saldana, as trustee of the Saldana Revocable Family Trust and Jose G. Saldana, Jr., as a trust beneficiary, brought this suit against Defendants Wells Fargo, BNYM, and US Bank, asserting numerous claims related to the Mortgage loan. Plaintiffs seek various damages and to gain an unfettered interest in the subject property, free of liens or encumbrances. The core of Plaintiffs' claims is that, due to the purported "alienation of World Saving's [sic] beneficial interest under the Saldanas' deed of trust in 2006, when it sold the mortgage to the WSR 24 Trust, Defendant Wells Fargo did not succeed to World Savings' [sic] interest in the mortgage in 2008 as the loan was no longer among World Savings' [sic] assets." Compl. ¶ 13.

II. LEGAL STANDARD

Federal Rule of Civil Procedure ("Rule") 8(a) requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). A defendant may move to dismiss a complaint for failing to state a claim upon which relief can be granted under Rule 12(b)(6). "Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory." Mendiondo v. Centinela Hosp. Med. Ctr. , 521 F.3d 1097, 1104 (9th Cir. 2008). To survive a Rule 12(b)(6) motion, a plaintiff must plead "enough facts to state a claim to relief that *1067is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim is facially plausible when a plaintiff pleads "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

In reviewing the plausibility of a complaint, courts "accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party." Manzarek v. St. Paul Fire & Marine Ins. Co.

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