After a federal district court in San Francisco held that statistical evidence can satisfy the proximate cause requirement for a Federal Housing Act pleading and Wells Fargo moved to certify the question to the Ninth Circuit for immediate appellate review, CCL drafted and filed a brief in opposition to the motion.

     In City of Oakland v. Wells Fargo & Co., U.S. District Court Judge Edward Chen held that the proximate cause standard mandated by the FHA could be met by statistical analysis, as Oakland put in parts of its complaint and could, with an amended complaint, attempt to meet for other claims. Wells Fargo, which insists that proximate cause can never be met, filed a motion, asking the court to certify the question for immediate appeal.

    In response, CCL argued that Wells Fargo's motion failed to meet the criteria required by statute for a case to depart from the usual course of appeal only after final judgment. The matter is now under advisement.