DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103179P.pdf 04/12/2012 Grant Gomez v. Wells Fargo Bank, N.A.
U.S. Court of Appeals Case No: 10-3179
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Chief Judge, with Shepherd, Circuit Judge, and
Webber, District Judge]
Civil case - Real Estate Settlement Procedures Act. In class action
alleging Wells Fargo paid a discount rate for appraisals and then charged
buyers full market rate for the service, the plaintiffs failed to alleged the
concrete financial loss needed to establish a RICO violation where their
complaint contained the admission that they received appraisal services
and paid market rates for the services; plaintiffs lacked standing to assert
a claim under California's Unfair Competition Law; complaint failed to state
a RESPA claim because plaintiffs failed to establish that Wells Fargo
received a thing of value; complaint failed to plead sufficient facts to give
defendants adequate notice that plaintiffs were stating a "fee-splitting"
claim under RESPA; the district court did not abuse its discretion by
dismissing the complaint rather than giving plaintiffs a third chance to
amend.