Estate of Dorothy Da v. Wells Fargo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that it was harmless to dismiss claims against a 6 We have considered Kovalev’s remaining unforfeited arguments and conclude that they are meritless. Accordingly, we will affirm. party under Rule 12(b)(6) when those claims would have lost on summary judgment
• noting that the district court properly granted a motion to strike declarations that were “not signed, dated, or notarized”
• explaining that unconscionability is an affirmative defense
• one year statute of limitations for damages and three-year statute of limitations for rescission under HOEPA
• district court’s error in dismissing claim at pleading stage was harmless when other claims dismissed on summary judgment rested on identical allegations
• affirming district court’s dismissal of time-barred claim under Rule 12

Source: CourtListener parenthetical corpus (CC0).