Wessels et al v. Bank of America, NA et al

Plaintiff: Dorothy Wessels and Guenther Wessels
Defendant: Bank of America, NA, Ventures Trust 2013-I-H-R, BSI Financial Services, LLC and BOFA Merrill Lynch Asset Holdings, Inc.
Case Number: 3:2016cv03478
Filed: June 22, 2016
Court: California Northern District Court
Office: Oakland Office
County: Contra Costa
Presiding Judge: Jeffrey S. White
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 26, 2016 42 Opinion or Order of the Court ORDER re 8 MOTION to Dismiss filed by Ventures Trust 2013-I-H-R, BSI Financial Services, LLC. In the attached order, the court dismisses claims one and two (intentional and negligent misrepresentation), claim eight (the Cal. C ivil Code § 2923.7 violation) against Venture Trust (on the ground that it is not a servicer), claim nine (the UCL claim) to the extent that it is predicated on dismissed claims, claim ten (intentional infliction of emotional distress), and clai m eleven (declaratory relief based on improper securitization). The court otherwise denies the defendants' motion to dismiss. The dismissal of the securitization claim is with prejudice because the court reaches its conclusion as a matter of law. The dismissal of the other claims is without prejudice. The plaintiffs may amend their complaint within 14 days, although the court thinks that the existing claims capture the alleged harm fully. The case-management conference remains on calendar for 11/3/2016 at 11:00 a.m. (Beeler, Laurel) (Filed on 10/26/2016) Modified on 10/26/2016 (Beeler, Laurel).
July 18, 2016 20 Opinion or Order of the Court ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Joint Case Management Statement due by 9/16/2016. Initial Case Management Conference set for 9/23/2016 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 7/18/16. (jjoS, COURT STAFF) (Filed on 7/18/2016)
July 15, 2016 19 Opinion or Order of the Court ORDER, Case reassigned to Hon. Jeffrey S. White. Magistrate Judge Laurel Beeler no longer assigned to the case.. Signed by Executive Committee on 7/15/16. (haS, COURT STAFF) (Filed on 7/15/2016)

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Plaintiff: Dorothy Wessels
Represented By: Stephen James Foondos
Represented By: Tila T. Nguyen
Represented By: John Steve Sargetis
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Plaintiff: Guenther Wessels
Represented By: Stephen James Foondos
Represented By: Tila T. Nguyen
Represented By: John Steve Sargetis
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Defendant: Bank of America, NA
Represented By: Elizabeth Christine Hehir
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Defendant: Ventures Trust 2013-I-H-R
Represented By: Erin Jane Illman
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Defendant: BSI Financial Services, LLC
Represented By: Erin Jane Illman
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Defendant: BOFA Merrill Lynch Asset Holdings, Inc.
Represented By: Elizabeth Christine Hehir
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