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Baker v. Wells Fargo USA Holdings, Inc.

United States District Court, W.D. Texas, San Antonio Division

June 17, 2019

YVONNE BAKER, Plaintiff,
v.
WELLS FARGO USA HOLDINGS, INC., Defendant.

          ORDER ON MOTION TO DISMISS

          XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE.

         On this date, the Court considered Defendant's Motion to Dismiss (docket no. 4). Although Plaintiff did not respond, the Court will evaluate the motion and applicable law. After careful consideration, Defendant's motion is GRANTED.

         BACKGROUND

         Plaintiff Yvonne Baker purchased the property at 8965 E. Loop 1604 S, Adkins, Texas, 78101. Docket no. 1-1 at 16. Plaintiff purchased this property with a Home Equity Loan of $78, 001.79 issued by Defendant Walls Fargo USA Holdings, Inc., secured by a Texas Home Equity Security Instrument against this property. Plaintiff is apparently in default on the loan, a fact she does not dispute. Plaintiff alleges Defendant noticed a foreclosure sale for May 7, but she alleges she did not receive notice of this sale until she received inquiries from the District Clerk's office. Id. at 17.

         On May 6, 2019, Plaintiff filed her petition in the 225th Judicial District Court of Bexar County, Texas. Plaintiff brings a claim for breach of contract and seeks an accounting and injunctive relief. Id. at 18. In state court, Plaintiff sought and received an ex parte Temporary Restraining Order that enjoined Defendant's planned sale. Defendant removed to this Court on May 16. Docket no. 1. On May 30, Defendant filed the Motion to Dismiss now before the Court. Docket no. 4. Although Plaintiff's response deadline has passed, Plaintiff did not file a response.

         DISCUSSION

         I. Legal Standard

         To survive a 12(b)(6) motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim for relief must contain: (1) “a short and plain statement of the grounds for the court's jurisdiction”; (2) “a short and plain statement of the claim showing that the pleader is entitled to the relief”; and (3) “a demand for the relief sought.” Fed.R.Civ.P. 8(a). In considering a motion to dismiss under Rule 12(b)(6), all factual allegations from the complaint should be taken as true, and the facts are to be construed favorably to the plaintiff. Fernandez-Montez v. Allied Pilots Assoc., 987 F.2d 278, 284 (5th Cir. 1993). To survive a 12(b)(6) motion, a complaint must contain “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555.

         II. Application

         a. Breach of Contract

         Under Texas law, a breach-of-contract claim requires: (1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) that the defendant breached the contract; and (4) damages sustained by the plaintiff as a result of the breach. Sport Supply Grp., Inc. v. Columbia Cas. Co., 335 F.3d 453, 465 (5th Cir. 2003).

         Plaintiff does not dispute that she is in default on the loan. Rather, Plaintiff alleges Defendant breached the loan agreement by “virtue of Defendant charging fees beyond those allotted for in the contract, and by virtue of Defendant failing to provide Plaintiff with an accurate accounting of the amount Defendant claims is owed to it by Plaintiff despite repeated requests from Plaintiff for Defendant to provide such accounting.” Docket no. 1-1 at 18.

         However, “a claim for breach of a note and deed of trust must identify the specific provision in the contract that was breached, ” Williams v. Wells Fargo Bank, N.A., 560 Fed.Appx. 233, 238 (5th Cir. 2014), and once that specific provision is identified, Plaintiff must state how it was breached by alleging enough facts to state a plausible breach-of-contract claim, Guajardo v. JP Morgan Chase Bank, N.A., 605 Fed.Appx. 240, 244 (5th Cir. 2015). Here, Plaintiff points to no specific provision in the loan agreement, and even if she had, her general allegations that Defendant charged improper fees and failed to provide a requested-for accounting do not state a plausible claim. Further, Plaintiff has not ...


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