Case Updates

IN RE: WACHOVIA CORP. “PICK-A-PAYMENT” MORTGAGE MARKETING AND SALES LITIGATION

Case No.: 5:09-md-02015-JF

Case Description: A potential class action has been filed against World Savings, Inc., World Savings Bank, FSB, Wachovia Mortgage, FSB, now known as Wachovia Mortgage, a division of Wells Fargo Bank, N.A, Wachovia Corporation, Golden West Financial Corporation, Wachovia Bank, FSB, f/k/a World Savings Bank, FSB-TX, Wachovia Mortgage Corporation, Wells Fargo Home Mortgage, and Wells Fargo Bank, N.A.. The lawsuit alleges: (1) Violations of the Truth in Lending Act, 15 U.S.C. §1601, et seq; (2) Fraudulent Omissions; (3) Violation of Bus. & Prof. Code §17200, et seq. – “Unfair” and “Fraudulent” Business Practices; (4) Breach of Contract; and (5) Breach of the Covenant of Good Faith and Fair Dealing on behalf of homeowners who obtained a “Pick-A-Payment” Option ARM loan on or after on or after August 1, 2003 and on or before December 31, 2008.

Current Status: Settled and Closed

For more detailed information on this case, please click on this link: https://pickapaysettlement.com/



LYMBURNER v. U.S. FINANCIAL FUNDS, INC.

Case No.: 3:08-cv-00325-EDL

Case Description: A potential class action has been filed against U.S. Financial Funds, Inc. The lawsuit alleges: (1) Violations of the Truth in Lending Act, 15 U.S.C. §1601, et seq; (2) Fraudulent Omissions; (3) Violation of Bus. & Prof. Code §17200, et seq. – “Unfair” and “Fraudulent” Business Practices; (4)Breach of Contract; and (5) Breach of the Covenant of Good Faith and Fair Dealing on behalf of homeowners who obtained an Option ARM loan from Defendant on or after on or after January 17, 2004.

Current Status: Settled and awaiting Final Approval from the court.



PLASCENCIA v. LENDING 1st MORTGAGE

Case No.: 4:07-cv-04485-CW

Case Description: A potential class action has been filed against Lending 1st Mortgage, Lending 1st Mortgage, LLC and EMC Mortgage Corporation. The lawsuit alleges: (1) Violations of the Truth in Lending Act, 15 U.S.C. §1601, et seq; (2) Fraudulent Omissions; (3) Violation of Bus. & Prof. Code §17200, et seq. – “Unfair” and “Fraudulent” Business Practices; (4)Breach of Contract; and (5) Breach of the Covenant of Good Faith and Fair Dealing on behalf of homeowners who obtained an Option ARM loan on or after on or after August 27, 2003.

Current Status: On August 21, 2009, the Court granted certification for it to proceeds as a class action.



GONZALES v. ALL AMERICAN ASPHALT

Case No.: BC389814

Case Description: A potential class action has been filed against All American Asphalt and Betts Express. The lawsuit alleges: (1) Failure to Pay Prevailing Minimum Wages; (2) Unlawful Secret Payment of Lower Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (6) Failure to Furnish Timely and Accurate Wage Statements; (7) Failure to Furnish All Wages Due upon Termination; and (8) Unfair Business Practices in Violation of California’s Unfair Competition Law (“UCL”), Business & Professions Code § 17200 et Seq., on behalf of certain employees who were employed by Betts Express as an asphalt truck driver on or after April 29, 2004 to August 19, 2010.

Current Status: Settled and Class members are receiving their benefits..



SMITH v. MV TRANSPORTATION, INC.

Case No.: RG08389864

Case Description: A potential class action has been filed against MV Transportation, Inc.

The lawsuit alleges: (1) Failure to Pay Minimum Wages in Violation of Labor Code §§ 510, 1194, 1194.2, and 1197 Wage Order No. 9; (2) Failure to Pay Overtime Wages in Violation of Labor Code §§ 510, 1194, 1194.2, 1197, 1199 and Wage Order No. 9; (3) Failure to Provide Meal and Rest Periods in Violation of Labor Code §§ 226.7, and Wage Order No. 9; (4) Failure to Pay All Wages Owed Every Pay Period in Violation of Labor Code § 204; (5) Failure to Pay All Wages upon Termination in Violation of Labor Code § 203; (6) Failure to Furnish Timely and Accurate Wage Statements in Violation of Labor Code §§ 226 and 226.3; and (7) Violation of California's Unfair Competition Act ("UCL"), Bus. & Prof. Code § 17200 et Seq., on behalf of certain employees who were employed by MV Transportation as a driver (including, but not limited to, individuals that operated passenger cars, paratransit vehicles and/or buses) for at least one day from May 29, 2004 until August 27, 2010 except for individuals who were class members in the Warren vs. MV Transportation, Inc., case number RG04-419303, Alameda County Superior Court (herein after referred to as the “WARREN CLASS”) class action settlement and who did not work at MV Transportation after May 4, 2006.

Current Status: Class members have received settlement payments.
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