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AVILA v. WELLS FARGO BANK

No. C 12-01237 WHA.

JOHN AVILA, Plaintiff, v. WELLS FARGO BANK; WACHOVIA BANK, N.A.; NDEX WEST LLC; and all persons or entities unknown claiming any legal right, title, estate, lien or interest in the property described in this complaint adverse to Plaintiff's title thereto; and DOES 1 through 25, inclusive, Defendants.

United States District Court, N.D. California.

July 18, 2012.

Attorney(s) appearing for the Case

John Avila, Plaintiff, represented by September Joy Katje , CONSUMER LITIGATION LAW CENTER.

Wells Fargo Bank National Association, successor in interest to Wachovia Bank, N.A., Defendant, represented by Alisa A. Givental , Severson & Werson, Alisa Alexandra Giventhal , Severson and Werson & Mary Kate Sullivan , Severson & Werson.

Ndex West, a Delaware Limited Liability Corporation, Defendant, represented by Darlene Pacquing Hernandez , Barrett Daffin Frappier Treder & Weiss, LLP & Edward A. Treder , Barrett Daffin Frappier Treder & Weiss, LLP.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND GRANTING DEFENDANT'S REQUEST FOR JUDICIAL NOTICE

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this wrongful-foreclosure action, defendant Wells Fargo moves to dismiss pursuant to FRCP 12(b)(6). For the reasons stated below, the motion to dismiss is GRANTED IN PART and DENIED IN PART. Defendant's request for judicial notice is GRANTED....

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