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Case Name Oakland v. Wells Fargo FH-CA-0028
Docket / Court 3:15-cv-04321-EMC ( N.D. Cal. )
State/Territory California
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On September 21, 2015, the City of Oakland filed this lawsuit in the United States District Court for the Northern District of California. The plaintiff sued Wells Fargo & Co and Wells Fargo Bank NA under the Fair Housing Act, California Fair Employment and Housing Act, and California Government ... read more >
On September 21, 2015, the City of Oakland filed this lawsuit in the United States District Court for the Northern District of California. The plaintiff sued Wells Fargo & Co and Wells Fargo Bank NA under the Fair Housing Act, California Fair Employment and Housing Act, and California Government Code. The plaintiffs, represented by the Oakland City Attorney’s office, the Center for Constitutional Litigation, and private counsel, sought declaratory, injunctive, and compensatory relief as well as punitive damages and attorneys' fees. The plaintiffs claimed that the defendants had engaged in predatory mortgage strategies that disproportionately targeted minority communities. Specifically they claimed that the defendants had engaged in redlining and reverse redlining. This caused a disproportionate amount of foreclosures in minority communities and, as a result, reduced tax revenue for the City of Oakland, increased municipal expenditures, and neutralized the effectiveness of city fair-housing programs.

On November 13, 2015, the defendants filed a motion to dismiss, arguing that the predatory sub-prime loans that the plaintiffs referred to had ceased in 2008, placing their conduct outside the two year limitation period in the Fair Housing Act. The Court directed Oakland “to amend its complaint in view of the language now in Miami and give it your best shot with as much specificity as possible in terms of the kinds of damages that you are asserting that you contend are proximately caused by the [] alleged FHA violation.”

On August 15, 2017, the plaintiffs filed an amended complaint claiming that Wells Fargo’s predatory activity had continued through the time of filing and therefore was within the limitations of the Fair Housing Act.

On October 6, 2017, the defendants filed a motion to dismiss the first amended complaint, stating the plaintiffs had failed to properly show that the defendants had been the proximate cause of the injuries they alleged. On June 15, 2018, the Judge entered an order partially denying the defendants' motion to dismiss. Of the three injuries the plaintiffs alleged, the motion to dismiss was denied for injuries related to reduced tax revenue and increased municipal expenditures for the City of Oakland. However, for the second injury, the court held that only declaratory and injunctive relief could be pursued. The third injury—neutralization of the city’s fair-housing program—was dismissed without prejudice.

On February 28, 2019 the defendants filed an interlocutory appeal. This case is ongoing pending appeal (USCA No. 19−15169).

Carter Powers Beggs - 10/17/2019


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Issues and Causes of Action
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Issues
Defendant-type
Bank or credit provider
Discrimination-area
Housing Sales/Rental
Lending
Discrimination-basis
Race discrimination
General
Disparate Impact
Disparate Treatment
Housing
Pattern or Practice
Predatory lending
Plaintiff Type
City/County Plaintiff
Race
Race, unspecified
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
State law
Defendant(s) Wells Fargo & Company
Wells Fargo Bank N.A.
Plaintiff Description City of Oakland
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None yet
Filing Year 2015
Case Ongoing Yes
Additional Resources
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  The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
3:15-cv-4321 (N.D. Cal.)
FH-CA-0028-9000.pdf | Detail
Date: 04/23/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FH-CA-0028-0001.pdf | Detail
Date: 09/21/2015
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 104]
FH-CA-0028-0002.pdf | Detail
Date: 08/15/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [ECF# 147] (N.D. Cal.)
FH-CA-0028-0003.pdf | Detail
Date: 06/15/2018
Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendants' Motion to Amend Order to Include Certification for Interlocutory Appeal [ECF# 165] (N.D. Cal.)
FH-CA-0028-0004.pdf | Detail
Date: 09/05/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Chen, Edward Milton (N.D. Cal.) show/hide docs
FH-CA-0028-0003 | FH-CA-0028-0004 | FH-CA-0028-9000
Spero, Joseph C. (N.D. Cal.) [Magistrate] show/hide docs
FH-CA-0028-9000
Plaintiff's Lawyers Bee, Maria (California) show/hide docs
FH-CA-0028-9000
Kim, Sumy (California) show/hide docs
FH-CA-0028-9000
Liberson, Joel Keith (California) show/hide docs
FH-CA-0028-0001 | FH-CA-0028-0002 | FH-CA-0028-9000
Parker, Barbara J (California) show/hide docs
FH-CA-0028-0001 | FH-CA-0028-0002 | FH-CA-0028-9000
Peck, Robert S (District of Columbia) show/hide docs
FH-CA-0028-0001 | FH-CA-0028-0002 | FH-CA-0028-9000
Peretz, Yosef (California) show/hide docs
FH-CA-0028-0001 | FH-CA-0028-0002 | FH-CA-0028-9000
Sellers, Joseph Marc (District of Columbia) show/hide docs
FH-CA-0028-9000
Defendant's Lawyers Cachan, Manuel Francisco (California) show/hide docs
FH-CA-0028-9000
Casazza, Kyle Alexander (California) show/hide docs
FH-CA-0028-9000
Collins, Daniel Paul (California) show/hide docs
FH-CA-0028-9000
Hancock, Paul F. (Florida) show/hide docs
FH-CA-0028-9000
Katyal, Neal Kumar (District of Columbia) show/hide docs
FH-CA-0028-9000
Kim, Miriam (California) show/hide docs
FH-CA-0028-9000
Patashnik, Joshua (California) show/hide docs
FH-CA-0028-9000
Pierce, Rio S. (California) show/hide docs
FH-CA-0028-9000
Roche, Jennifer Lynn (California) show/hide docs
FH-CA-0028-9000
Sanchez, Terry Edward (California) show/hide docs
FH-CA-0028-9000
Sangster, Edward P (California) show/hide docs
FH-CA-0028-9000
Williams, Bart H. (California) show/hide docs
FH-CA-0028-9000
Other Lawyers Brancart, Christopher (California) show/hide docs
FH-CA-0028-9000
Corman, Brian Christopher (District of Columbia) show/hide docs
FH-CA-0028-9000
Rich, Joseph D. (District of Columbia) show/hide docs
FH-CA-0028-9000
Silverstein, Thomas S. (District of Columbia) show/hide docs
FH-CA-0028-9000
Williams, Morgan Whitney (District of Columbia) show/hide docs
FH-CA-0028-9000

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