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DeLEON v. WELLS FARGO BANK, N.A.

Case No. CV 10-01390 JF (HRL).

729 F.Supp.2d 1119 (2010)

Gabriel James DeLEON and Shawna L. DeLeon, Plaintiffs, v. WELLS FARGO BANK, N.A., successor by Merger to Wells Fargo bank Southwest, N.A. (formerly known as Wachovia Mortgage, FSB and World Savings Bank, FSB); NDEX West, LLC and does 1-50, inclusive, Defendants.

United States District Court, N.D. California, San Jose Division.

June 9, 2010.

Attorney(s) appearing for the Case

David Edward Pipal, Esq. , Paxton & O'Brien LLP, Attorneys at Law, Hollister, CA, for Plaintiffs.

Mark Tyler Flewelling, Esq. , Michael Rapkine , Yaw-Jiun Wu , Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, Pasadena, CA, for Defendants.

ORDER1 DENYING MOTION TO REMAND AND GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART

JEREMY FOGEL, District Judge.

Plaintiffs Gabriel and Shawna DeLeon (the "DeLeons") move to remand the instant action to the San Benito Superior Court for lack of diversity jurisdiction pursuant to 28 U.S.C. § 1332, et seq. Defendant Wells Fargo Bank, N.A. ("Wells Fargo") moves to dismiss the action pursuant to Fed...

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