Case: Zamora v. Wachovia

3:07-cv-04603 | U.S. District Court for the Northern District of California

Filed Date: Sept. 5, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 5, 2007, two Latino borrowers filed a class action complaint in the U.S. District Court for the Northern District of California against Wachovia Corporation ("Wachovia") and its wholly-owned subsidiary World Savings Bank ("WSB") under under the Equal Credit Opportunity Act ("ECOA"), the Fair Housing Act ("FHA"), 42 U.S.C. § 1981, and 42 U.S.C. § 1982. The plaintiffs sought class certification, injunctive, equitable, and monetary relief, alleging intentional discrimination and disp…

On September 5, 2007, two Latino borrowers filed a class action complaint in the U.S. District Court for the Northern District of California against Wachovia Corporation ("Wachovia") and its wholly-owned subsidiary World Savings Bank ("WSB") under under the Equal Credit Opportunity Act ("ECOA"), the Fair Housing Act ("FHA"), 42 U.S.C. § 1981, and 42 U.S.C. § 1982. The plaintiffs sought class certification, injunctive, equitable, and monetary relief, alleging intentional discrimination and disparate impact discrimination on minority applicants for home mortgage loans by Wachovia directly and through WSB's actions. Specifically, they alleged that Wachovia's mortgage pricing policy, whereby Wachovia allowed its authorized lenders and mortgage brokers to make subjective decisions about higher interests rates and costs, led to a higher interests rates and costs for minority applicants, compared to similarly situated non-minority applicants. Minorities were defined as non-Caucasians.

The case went into alternative dispute resolution. On September 27, 2007, the plaintiffs filed an amended complaint, reiterating its allegations. On November 19, 2007, Wachovia was dismissed as a defendant without prejudice by the Court (Judge Thelton E. Henderson).

The parties eventually settled. On October 14, 2009, the parties filed a stipulation and request for an order approving the settlement agreement. Under the agreement, one of the named plaintiffs received a lump sum payment of $30,000 in exchange for release of all claims. The other named plaintiff received a modification of his loan, reducing the balance of the loan, fixing the interest rate and extending the term of the loan, as well as forgiveness of some delinquent payments. The defendant also agreed to pay $200,000 in attorney's fees.

On November 19, 2009, the Court (Judge Jeffrey S. White) issued an order, approving each settlement. The individual claims were dismissed with prejudice. The class action allegations were dismissed without prejudice.

Summary Authors

Zhandos Kuderin (7/23/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4168981/parties/zamora-v-wachovia-corporation/


Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Becker, Nance F. (California)

Brown, Maeve Elise (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Fialco, Lisa (California)

Friedman, Andrew S. (Arizona)

Gertler, Jonathan E. (California)

Harrison, Wendy J. (Arizona)

Hurst, Leslie E. (California)

Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Becker, Nance F. (California)

Brown, Maeve Elise (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Fialco, Lisa (California)

Friedman, Andrew S. (Arizona)

Gertler, Jonathan E. (California)

Harrison, Wendy J. (Arizona)

Hurst, Leslie E. (California)

Kavanagh, Shennan Alexandra (Massachusetts)

Klein, Gary E. (Massachusetts)

Meltzer, Joseph H. (Pennsylvania)

Moffa, Donna Siegel (Pennsylvania)

Muhic, Peter A. (Pennsylvania)

Stoia, John J. (California)

Weeden, Joseph A. (Pennsylvania)

Attorneys(s) for Defendant

Hoesterey, Heather B. (California)

Nelson, Jack R. (California)

Expert/Monitor/Master

Pintar, Theodore J. (California)

Documents in the Clearinghouse

Document

3:07-cv-04603

Docket (PACER)

Zamora v. Wachovia Corporation

Nov. 10, 2009

Nov. 10, 2009

Docket
1

3:07-cv-04603

Class Action Complaint

Zamora v. Wachovia Corporation

Sept. 5, 2007

Sept. 5, 2007

Complaint
8

3:07-cv-04603

First Amended Class Action Complaint

Zamora v. Wachovia Corporation

Sept. 27, 2007

Sept. 27, 2007

Complaint
64

3:07-cv-04603

Order Approving Settlements and Dismissing Action

Zamora v. Wachovia Corporation

Oct. 14, 2009

Oct. 14, 2009

Order/Opinion
63-2

3:07-cv-04603

[Proposed] Settlement Agreement

Zamora v. Wachovia Corporation

Oct. 14, 2009

Oct. 14, 2009

Settlement Agreement
63-1

3:07-cv-04603

[Proposed] Settlement Agreement

Zamora v. Wachovia Corporation

Oct. 14, 2009

Oct. 14, 2009

Settlement Agreement
62

3:07-cv-04603

Stipulation and Request for Order Approving Settlement and Dismissing Action

Zamora v. Wachovia Corporation

Oct. 14, 2009

Oct. 14, 2009

Pleading / Motion / Brief
64

3:07-cv-04603

Order Approving Settlements and Dismissing Action

Zamora v. Wachovia Corporation

Nov. 10, 2009

Nov. 10, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4168981/zamora-v-wachovia-corporation/

Last updated July 18, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT for (1) Violations of the Equal Credit Opportunity Act, (2) Violations of the Fair Housing Act, (3) Violations of the Civil Rights Act & (4) Violations of the Civil Rights Act - [No Summons Issued] against Wachovia Corporation & World Savings Bank, [Filing Fee: $350.00, Receipt Number 34611010142]. Filed by Plaintiffs Daniel Perez, Elizabeth Perez, Javier Zamora & Leticia Zamora. (tn, COURT STAFF) (Filed on 9/5/2007)

1 Civil Cover Sheet

View on PACER

Sept. 5, 2007

Sept. 5, 2007

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due 12/3/2007 & Initial Case Management Conference set for 12/10/2007 at 1:30 PM.. (Attachments: #(1) TEH Standing Order). (tn, COURT STAFF) (Filed on 9/5/2007) Additional attachment(s) added on 9/10/2007 (tn, COURT STAFF).

1 TEH Standing Order

View on RECAP

2 Standing Order for All Judges

View on RECAP

Sept. 5, 2007

Sept. 5, 2007

RECAP
3

APPLICATION of Attorney Andrew S. Friedman for Leave to Appear in Pro Hac Vice -[Filing Fee: $210.00, Receipt Number 34611010491] Filed by Plaintiffs Daniel Perez, Elizabeth Perez, Javier Zamora & Leticia Zamora. (tn, COURT STAFF) (Filed on 9/13/2007)

Sept. 13, 2007

Sept. 13, 2007

RECAP
4

Amended MOTION for leave to appear in Pro Hac Vice of Attorney Andrew S. Friedman (Filing fee $ 210.) filed by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora. (Friedman, Andrew) (Filed on 9/17/2007)

Sept. 17, 2007

Sept. 17, 2007

RECAP
5

ORDER by Judge Thelton E. Henderson granting [3] Motion for Pro Hac Vice of Andrew S. Friedman. (rbe, COURT STAFF) (Filed on 9/19/2007)

Sept. 19, 2007

Sept. 19, 2007

RECAP
6

SUMMONS Returned Executed by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora. Wachovia Corporation served on 9/13/2007, answer due 10/3/2007. Certificate of Service (Becker, Nance) (Filed on 9/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
7

SUMMONS Returned Executed by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora. World Savings Bank served on 9/10/2007, answer due 10/1/2007. Certificate of Service (Becker, Nance) (Filed on 9/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
8

AMENDED COMPLAINT Class Action against Wachovia Corporation, World Savings Bank. Filed byDaniel Perez, Elizabeth Perez, Leticia Zamora. (Becker, Nance) (Filed on 9/27/2007)

Sept. 27, 2007

Sept. 27, 2007

RECAP
9

NOTICE by Javier Zamora Notice of Firm Name Change (Stoia, John) (Filed on 10/3/2007)

Oct. 3, 2007

Oct. 3, 2007

RECAP
10

CERTIFICATE OF SERVICE by Daniel Perez, Elizabeth Perez, Leticia Zamora of Standing Order and USDC Guidelines (Becker, Nance) (Filed on 10/4/2007)

Oct. 4, 2007

Oct. 4, 2007

RECAP
11

Answer Of Defendant World Savings Bank, FSF To Plaintiffs' First Amended Complaint; Demand For Jury Trial ANSWER to Amended Complaint byWorld Savings Bank. (Nelson, Jack) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
12

Certificate of Interested Entities by Wachovia Corporation, World Savings Bank Defendants' Certification Of Interested Entities Or Persons (Hoesterey, Heather) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
13

MOTION to Dismiss Of Defendant Wachovia Corporation; Memorandum Of Points And Authorities In Support filed by Wachovia Corporation. Motion Hearing set for 12/10/2007 10:00 AM in Courtroom 12, 19th Floor, San Francisco. (Hoesterey, Heather) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
14

Declaration of C. Vance Beck in Support of [13] MOTION to Dismiss Of Defendant Wachovia Corporation; Memorandum Of Points And Authorities In Support filed byWachovia Corporation. (Related document(s)[13]) (Hoesterey, Heather) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
15

Request for Judicial Notice re [13] MOTION to Dismiss Of Defendant Wachovia Corporation; Memorandum Of Points And Authorities In Support, [14] Declaration in Support, filed byWachovia Corporation. (Related document(s)[13], [14]) (Hoesterey, Heather) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
16

Proposed Order re [15] Request for Judicial Notice, [13] MOTION to Dismiss Of Defendant Wachovia Corporation; Memorandum Of Points And Authorities In Support, [14] Declaration in Support, [Proposed] Order Granting Defendant Wachovia Corporation's Motion To Dismiss by Wachovia Corporation. (Hoesterey, Heather) (Filed on 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
17

STIPULATION for Dismissal Without Prejudice as to Defendant Wachovia Corporation Only by Daniel Perez, Elizabeth Perez, Leticia Zamora. (Attachments: # (1) Signature Page (Declarations/Stipulations) # (2) Proposed Order)(Harrison, Wendy) (Filed on 11/16/2007)

1 Signature Page (Declarations/Stipulations)

View on RECAP

2 Proposed Order

View on RECAP

Nov. 16, 2007

Nov. 16, 2007

RECAP
18

STIPULATION AND ORDER dismissing defendant. Wachovia Corporation terminated. Signed by Judge Thelton E. Henderson on 11/16/07. (rbe, COURT STAFF) (Filed on 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

RECAP
19

STIPULATION RE SELECTING ADR PROCESS by Daniel Perez, Elizabeth Perez, Wachovia Corporation, World Savings Bank, Javier Zamora, Leticia Zamora. (Nelson, Jack) (Filed on 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

RECAP
20

STIPULATION and ORDER selecting ADR process. REFERRING CASE to Private ADR. Signed by Judge Thelton E. Henderson on 11/27/07. (rbe, COURT STAFF) (Filed on 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

RECAP
21

REPORT of Rule 26(f) Planning Meeting. (Hoesterey, Heather) (Filed on 12/3/2007)

Dec. 3, 2007

Dec. 3, 2007

RECAP
22

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Attachments: # (1) Signature Page (Declarations/Stipulations))(Harrison, Wendy) (Filed on 12/4/2007)

1 Signature Page (Declarations/Stipulations)

View on RECAP

Dec. 4, 2007

Dec. 4, 2007

RECAP
23

ORDER of disqualification. Signed by Judge Thelton E. Henderson on 12/05/07. (tehlc3, COURT STAFF) (Filed on 12/5/2007)

Dec. 5, 2007

Dec. 5, 2007

RECAP
24

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Judge Hon. Thelton E. Henderson no longer assigned to the case. Signed by Executive Committee on 12/6/07. (mab, COURT STAFF) (Filed on 12/6/2007)

Dec. 6, 2007

Dec. 6, 2007

RECAP
25

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 2/1/2008 01:30 PM. Case Management Statement due by 1/25/2008.. Signed by Judge Jeffrey S. White on 12/11/07. (jjo, COURT STAFF) (Filed on 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

RECAP
26

CERTIFICATE OF SERVICE by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora of Order Setting CMC and Requiring Joint CMC Statement (Becker, Nance) (Filed on 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

RECAP
27

REPORT of Rule 26(f) Planning Meeting (First Amended). (Hoesterey, Heather) (Filed on 1/25/2008)

Jan. 25, 2008

Jan. 25, 2008

RECAP
28

NOTICE of Appearance by Leslie E. Hurst and Theodore J. Pintar (Hurst, Leslie) (Filed on 1/30/2008)

Jan. 30, 2008

Jan. 30, 2008

RECAP
29

Minute Entry: Initial Case Management Conference held on 2/1/2008 before Judge Jeffrey S. White (Date Filed: 2/4/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 2/4/2008)

Feb. 4, 2008

Feb. 4, 2008

RECAP
30

Joint Declination to Proceed Before a U.S. Magistrate Judge by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora World Savings Bank. (Friedman, Andrew) (Filed on 2/5/2008)

Feb. 5, 2008

Feb. 5, 2008

RECAP
31

STIPULATION and [Proposed] Protective Order Regarding Confidential, Trade Secret and Private Consumer Information by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora. (Harrison, Wendy) (Filed on 2/28/2008)

Feb. 28, 2008

Feb. 28, 2008

RECAP
32

ORDER GRANTING [31] Stipulated Protective Order. Signed by Judge Jeffrey S. White on February 28, 2008. (jswlc3, COURT STAFF) (Filed on 2/28/2008)

Feb. 28, 2008

Feb. 28, 2008

RECAP
33

MOTION to Appoint Counsel and Enter Pre-Trial Order No. 1 filed by Daniel Perez, Elizabeth Perez, Leticia Zamora. (Attachments: # (1) Proposed Order Pre-trial Order No. 1)(Harrison, Wendy) (Filed on 3/3/2008)

1 Proposed Order Pre-trial Order No. 1

View on RECAP

March 3, 2008

March 3, 2008

RECAP
34

STIPULATION Regarding Electronic Discovery Protocols by Daniel Perez, Elizabeth Perez, Leticia Zamora. (Attachments: # (1) Proposed Order)(Harrison, Wendy) (Filed on 3/3/2008)

1 Proposed Order

View on RECAP

March 3, 2008

March 3, 2008

RECAP
35

ORDER Regarding Electronic Discovery Protocols. Signed by Judge Jeffrey S. White on 3/10/08. (jjo, COURT STAFF) (Filed on 3/10/2008)

March 10, 2008

March 10, 2008

RECAP
36

Reply Memorandum re [33] MOTION to Appoint Counsel and Enter Pre-Trial Order No. 1 Defendant World Savings Bank's Response To Plaintiffs' Motion To Enter [Proposed] Pre-Trial Order No. 1 filed byWorld Savings Bank. (Nelson, Jack) (Filed on 3/17/2008)

March 17, 2008

March 17, 2008

RECAP
37

STATUS REPORT Joint Status Report On Progress Of Development Of E-Discovery Protocol And Document Discovery Plan by World Savings Bank. (Nelson, Jack) (Filed on 3/17/2008)

March 17, 2008

March 17, 2008

RECAP
38

ORDER GRANTING [33] MOTION to Appoint Counsel and Enter Pre-Trial Order No. 1. Signed by Judge Jeffrey S. White on 4/3/08. (jjo, COURT STAFF) (Filed on 4/3/2008)

April 3, 2008

April 3, 2008

RECAP
39

MOTION for leave to appear in Pro Hac Vice-Gary Klein ( Filing fee $ 210, receipt number 34611019560.) filed by Daniel Perez, Elizabeth Perez, Javier Zamora, Leticia Zamora. (hdj, COURT STAFF) (Filed on 5/27/2008)

May 27, 2008

May 27, 2008

PACER
40

ORDER by Judge Jeffrey S. White granting [39] Motion for Pro Hac Vice for Gary Klein (jjo, COURT STAFF) (Filed on 5/30/2008)

May 30, 2008

May 30, 2008

RECAP
41

JOINT CASE MANAGEMENT STATEMENT / Joint Continued Case Management Conference Statement and Updated Status Report filed by World Savings Bank. (Hoesterey, Heather) (Filed on 6/13/2008)

June 13, 2008

June 13, 2008

RECAP
42

Minute Entry: Further Case Management Conference held on 6/20/2008 before Judge Jeffrey S. White (Date Filed: 6/20/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 6/20/2008)

June 20, 2008

June 20, 2008

RECAP
43

NOTICE of Appearance by Lisa Diane Fialco on behalf of Plaintiffs (Fialco, Lisa) (Filed on 7/23/2008)

July 23, 2008

July 23, 2008

RECAP
50

ORDER GRANTING 4 Joint Request for Further Case Management Conference. Signed by Judge Jeffrey S. White on 12/2/08. (jjo, COURT STAFF) (Filed on 12/2/2008)

Dec. 2, 2008

Dec. 2, 2008

RECAP
58

ORDER GRANTING 57 Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 1/30/09. (jjo, COURT STAFF) (Filed on 1/30/2009)

Jan. 30, 2009

Jan. 30, 2009

RECAP
60

ORDER RE: CASE MANAGEMENT STATEMENT AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/2/09. (jjo, COURT STAFF) (Filed on 3/2/2009)

March 2, 2009

March 2, 2009

RECAP
69

ORDER Approving 62 Stipulation re Settlements and Dismissing Action. Signed by Judge Jeffrey S. White on November 10, 2009. (jswlc2, COURT STAFF) (Filed on 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

RECAP

Case Details

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Latino borrowers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

World Savings Bank, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

42 U.S.C. § 1982

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 230,000.00

Order Duration: 2009 - 2009

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Race, unspecified

National Origin/Ethnicity:

Hispanic