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Mealey's Antitrust/Unfair Competition - Judge Certifies Class In Loan Modification Suit As To Breach Of Contract Claim Only

SAN FRANCISCO - A federal judge in California on Jan. 29 granted borrowers' motion for class certification only as to their breach of contract claim in their lawsuit alleging that a mortgage servicer failed to provide them with loan modifications, finding that denial of certification of the state subclasses based on violations of state consumer protection laws is warranted because the state consumer laws are materially different and common issues would not predominate (Alicia Hernandez, et al. v. Wells Fargo & Company, et al., No. 18-07354, N.D. Calif., 2020 U.S. Dist. LEXIS 15844).
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