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MARTINEZ v. WELLS FARGO HOME MORTG., INC.

No. 07-17277.

598 F.3d 549 (2010)

Armando MARTINEZ; Alinda Martinez, on behalf of themselves and a class of others similarly situated, Plaintiffs-Appellants, v. WELLS FARGO HOME MORTGAGE, INC.; WFC Holdings Corporation; Wells Fargo & Company; Wells Fargo Financial Services, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2010.

Attorney(s) appearing for the Case

Timothy G. Blood, Joseph D. Daley, Leslie E. Hurst, and Thomas J. O'Reardon II, Coughlin Stoia Geller Rudman & Robbins LLP, on behalf of plaintiffs-appellants Armando and Alinda Martinez.

Robert B. Bader, Thomas M. Hefferon, and William F. Sheehan, Goodwin Procter LLP, on behalf of defendants-appellees Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc., Wells Fargo Financial Services, Inc., and Wells Fargo Real Estate Tax Services, LLC.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and BARBARA M.G. LYNN, District Judge.

LYNN, District Judge:

I. Introduction

Plaintiffs Alinda and Armando Martinez (the "Martinezes") seek review of the dismissal of their claims under Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2607(b), and California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof.Code §§ 17200, et seq. The Martinezes contend that RESPA Section 8(b)'s prohibition against...

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