Gonzales v. Everbank, No. SA-13-CV-733-XR, slip op. (W.D. Tex. Dec. 17, 2013)(Rodriguez, J.)

The bank moved to dismiss after removing this case and Gonzales did not file a response.  Her complaint did not “allege a cause of action,” but the District Court construed it to assert breach of the duty of good faith and fair dealing and breach of contract.  Slip op. 1 and 3.  The District Court noted that Texas law did not recognize a duty of good faith and fair dealing in the lender-borrower context.  Id. at 3.  The District Court also observed that her pleading did not allege any facts that could ground a breach of contract claim.  Thus, the District Court dismissed the case under Rule 12(b)(6), but afforded Gonzales a chance to amend file an amended complaint for breach of contract before January 10, 2014.  Id. at 5.