First, the heightened notice pleading requirements for fraud propounded by
do not apply to
Hebbe v. Plyler,
627 F.3d 338, 341-342 (9th Cir.2010). Plaintiff here was not only acting
for most of the litigation, but also is a speaker
of English as a second language, therefore the Court should have looked beyond the poorly
informed choice of words used to describe Plaintiffs complaints, and looked to the underlying
actions of Defendants, which adequately described claims for fraud and negligent
misrepresentation. In the documents presented in Defendant's Notice of Removal, Plaintiffs
original complaint — drafted as
a pro se
Plaintiff — explained that after Defendant's
representatives promised that they would not foreclose, Plaintiff then went to India.
Meanwhile, after the misrepresentations, Defendant then foreclosed while Plaintiff was awayand out of the country visiting her country of origin. (Dckt No. 1-1 at p. 22.) In the event thisCourt was unaware of it, Plaintiff presents an affidavit confirming her language and cultural
disadvantage for the Court's consideration, in order to effect justice. Exhibit A.
Additionally, this Court erred in finding that Plaintiffs reliance on the verbal
assurances unjustifiable, given the language in various letters from Wells Fargo which
claimed that it would not delay any foreclosure. Finally, the court's conclusion there was nowritten contract of a loan modification (and thus the bank's promises are barred by the statuteof frauds) erroneously undervalues the fraud allegations — had the initial misrepresentations
not occurred, Plaintiff would have taken other actions to prevent the foreclosure, including
Under the circumstances, Plaintiff reasonably relied on Defendant Wells Fargo's oral
representations, and generally speaking, such reasonableness (justifiable reliance) is a jury
question under Arizona law.
E.g., Miller v. Mason-McDuffie Co. of So. Cal.,
153 Ariz. 585,
'Bell Atlantic Corp. V Twombly,
S 544 (2007);
Ashcroft v. lqbal,
556 U.S. 662 (2009).
Case 4:10-cv-00208-FRZ Document 50 Filed 05/25/12 Page 3 of 9