Category Archives Judge Shaw

Hutsler stands for the proposition that a significant lapse of time between (1) advertising and sale of merchandise and (2) an alleged unfair practice will make it difficult for a plaintiff to satisfy the statutory requirement that latter be “in connection with” the former. In 2001, plaintiffs refinanced their home with Wells Fargo. Eleven years passed. In 2012, due to financial difficulty, plaintiffs couldn't make their payments.  Well Fargo foreclosed on plaintiffs' home. Plaintiffs sued, claiming that Wells Fargo violated the MMPA “in connection with the sale of the property and/or mortgage loan” based on the way Wells Fargo handled the 2012 foreclosure (e.g., failing to provide plaintiffs with loss mitigation opportunities, foreclosing on plaintiffs' home without explanation as to why they did not qualify for mortgage assistance; and making plaintiffs wait before answering their telephone calls, and transferring plaintiffs' calls). Wells Fargo moved to dismiss the MMPA claim, arguing…

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