Harrison v. Wells Fargo Bank

Background

Patrina Harrison, proceeding without a lawyer, brought a race-discrimination action involving her application for a federal home loan. According to her proposed amended complaint, Harrison brought documents requested by Wells Fargo Bank, N.A. to a Wells Fargo branch in San Francisco. Nicholas Pacumio, identified as the branch manager, allegedly removed her from the bank because of her race before she could present the documents. Harrison's application was later denied.

Section 601 of Title VI prohibits race, color, or national-origin discrimination in a program or activity receiving federal financial assistance. A prior order dismissed Harrison's Title VI claim but allowed her to seek permission to amend it. That order explained that participation in federal programs did not necessarily show that Wells Fargo received or used federal funding for the particular loan. A later order denied another request to amend because Harrison had repeated the earlier deficiencies.

Court's ruling

The court reviewed Harrison's latest proposed amended complaint and concluded that it still did not adequately allege that Wells Fargo was part of a program or activity receiving federal financial assistance. The court said Harrison's allegation on that point was conclusory and that she provided no other facts supporting it. The court also noted that she did not identify the particular loan at issue.

Judge William Alsup therefore denied Harrison's second motion for leave to amend the Title VI claim. The court also dismissed the Title VI claim without further leave to amend and stated that it would not entertain additional motions for leave to amend the complaint. The order vacated the scheduled hearing and reminded the parties of existing discovery and dispositive-motion deadlines.