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APPLING v. WACHOVIA MORTG., FSB

Case No.: 10-CV-01900-LHK.

745 F.Supp.2d 961 (2010)

Terry APPLING, Plaintiff, v. WACHOVIA MORTGAGE, FSB, a Federal Savings Bank; World Saving Bank, FA, a Federal Savings Bank; Wells Fargo Bank, NA, a National Banking Association member; IQ Home Loans and Realty Corporation, a California Corporation; Ali Mirzaei and William Chen, Defendants.

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

September 17, 2010.

Attorney(s) appearing for the Case

Robert Alan Spanner , Trial & Technology Law Group, Menlo Park, CA, for Plaintiff.

Robert Arthur Bailey , Anglin, Flewelling, Rasmussen, Campbell & Trytten, LLP, Pasadena, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

LUCY H. KOH, District Judge.

Defendants Wachovia Mortgage (formerly known as World Savings Bank, FSB, and Wachovia Mortgage, FSB, now a division of Wells Fargo Bank, NA) and Wells Fargo Bank, NA, move to dismiss Plaintiff's complaint. Having considered the pleadings and certain declarations and exhibits appropriately considered on a motion to dismiss, as well as the arguments of counsel...

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