Johnson et al v. Quality Loan Service Corporation et al
| Monique B. Johnson and Javahn L. Johnson |
| Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi, Does 1 Through 25 Inclusive, Quality Loan Service Corporation and Wells Fargo Bank |
| 2:2018cv09140 |
| October 24, 2018 |
| US District Court for the Central District of California |
| John E McDermott |
| Virginia A Phillips |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 JUDGMENT by Judge Virginia A. Phillips: Pursuant to the Order Granting Defendants Motion to Dismiss the First Amended Complaint, IT IS ORDERED AND ADJUDGED that Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (bm) |
| Filing 28 NOTICE OF LODGING filed of Proposed Judgment re Order on Motion to Dismiss Case #27 (Attachments: #1 Proposed Order)(Im, Robert) |
Filing 27
ORDER GRANTING Motion to Dismiss the First Amended Complaint (Doc. No. 22.) by Judge Virginia A. Phillips: The Court therefore GRANTS Defendants' Motion, WITHOUT leave to amend. (see document for further details) (bm)
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| Filing 26 (IN CHAMBERS) SCHEDULING NOTICE: COUNSEL AND/OR PARTIES OF RECORD ARE HEREBY NOTIFIED, that on the Court's own motion, the hearing on Defendant's Motion to Dismiss First Amended Complaint #22 , set for February 25, 2019, is hereby TAKEN OFF CALENDAR. This matter is appropriate for resolution without hearing pursuant to See Fed. R. Civ. P. 78; L.R. 7-15, and will stand submitted on the papers timely filed. No appearance is necessary, by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 25 REPLY in opposition NOTICE OF MOTION AND MOTION to Dismiss Case - First Amended Complaint #22 filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. (Im, Robert) |
| Filing 24 PLAINTIFFS' OPPOSITION TO MOTION for Judgment on the Pleadings #11 filed by Plaintiffs Javahn L. Johnson, Monique B. Johnson. (lom) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case - First Amended Complaint #22 filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service)(Im, Robert) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case - First Amended Complaint filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Proposed Order) (Im, Robert) |
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Filing 21
(IN CHAMBERS) SCHEDULING NOTICE: COUNSEL ARE HEREBY NOTIFIED, that on the Court's own motion, the Scheduling Conference set for 1/14/2019, is TAKEN OFF CALENDAR. No appearance by counsel will be necessary. The Court will issue such further order as deemed appropriate, by Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
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| Filing 20 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank(Im, Robert) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank.. (Attachments: #1 Exhibit A)(Im, Robert) |
| Filing 18 FIRST AMENDED COMPLAINT against defendants Does, Mortgage Electronic Registration Systems, Inc., Quality Loan Service Corporation, Wells Fargo Bank amending Complaint, filed by plaintiffs Javahn L. Johnson, Monique B. Johnson (bm) |
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Filing 17
CORRECTED: Order Granting Motion for Judgment on the Pleadings by Judge Virginia A. Phillips #11 , re Order on Motion for Judgment on the Pleadings #16 : For the foregoing reasons, the Court GRANTS the Motion. The Court dismisses without leave to amend Plaintiffs' claims 1 (constructive fraud), 2 (negligence), 5 (fraud in the concealment), 6 (fraud in the inducement), 8 (slander of title), 9 (quiet title), and 10 (cancellation of written instruments). The Court dismisses without leave to amend claims 3 and 4 (for violations of the California Homeowners Bill of Rights) as to Defendant MERS, and dismisses claims 3 and 4 with leave to amend as to Defendant Wells Fargo only. The Court dismisses with leave to amend Plaintiffs claims 7 (for violations of the California Business and Professions Code 17200, et seq.) and 11 (for declaratory relief). Plaintiffs shall file an amended Complaint by no later than December 28, 2018. The Court encourages Plaintiffs to seek assistance from the Los Angeles Pro Se Clinic to facilitate the drafting of any amended Complaint. The Clinic is located at the Edward Roybal R. Federal Building and United States Courthouse, 255 East Temple Street, Suite 170 (Terrace Level), Los Angeles, CA 90012. The Clinic is open on Mondays, Wednesdays, and Fridays from 9:30 a.m. to noon and 2:00 p.m. to 4:00 p.m. More information regarding resources for pro se litigants is available on the Court's website at http://prose.cacd.uscourts.gov. Failure to file a timely amended Complaint will be construed as Plaintiffs' abandonment of this action and this case will be closed. (bm)
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Filing 16
ORDER Granting Motion for Judgment on the Pleadings by Judge Virginia A. Phillips granting #11 MOTION: For the foregoing reasons, the Court GRANTS the Motion. The Court dismisses without leave to amend Plaintiffs' claims 1 (constructive fraud), 2 (negligence), 5 (fraud in the concealment), 6 (fraud in the inducement), 8 (slander of title), 9 (quiet title), and 10 (cancellation of written instruments). The Court dismisses without leave to amend claims 3 and 4 (for violations of the California Homeowners Bill of Rights) as to Defendant MERS, and dismisses claims 3 and 4 with leave to amend as to Defendant Wells Fargo only. The Court dismisses with leave to amend Plaintiffs' claims 7 (for violations of the California Business and Professions Code 17200, et seq.) and 11 (for declaratory relief). Plaintiffs shall file an amended Complaint by later than December 28, 2018. The Court encourages Plaintiffs to seek assistance from the Los Angeles Pro Se Clinic to facilitate the drafting of any amended Complaint. The Clinic is located at the Edward Roybal R. Federal Building and United States Courthouse, 255 East Temple Street, Suite 170 (Terrace Level), Los Angeles, CA 90012. The Clinic is open on Mondays, Wednesdays, and Fridays from 9:30 a.m. to noon and 2:00 p.m. to 4:00 p.m. More information regarding resources for pro se litigants is available on the Court's website at http://prose.cacd.uscourts.gov. Failure to file a timely amended Complaint will be construed as Plaintiffs' abandonment of this action and this case will be closed. (bm)
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| Filing 15 (IN CHAMBERS) SCHEDULING NOTICE: COUNSEL ARE HEREBY NOTIFIED, that on the Court's own motion, Defendant's Motion for Judgment on the Pleadings #11 , set for hearing 12/17/2018, is TAKEN OFF CALENDAR and VACATED. No appearance by counsel will be necessary. The matter will stand submitted on the papers without oral argument by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 13 REPLY in support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion on the Pleadings #11 filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. (Im, Robert) |
| Filing 14 PLAINTIFFS' OPPOSITION TO DEFENDANTS, WELLS FARGO BANK, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certificates, series 2007-AR4, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC'S MOTION FOR JUDGMENT ON THE PLEADINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #11 filed by Plaintiffs Javahn L. Johnson, Monique B. Johnson. (bm) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion on the Pleadings #11 filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. (Attachments: #1 Exhibit Exhibits 1-9, #2 Proof of Service)(Im, Robert) |
| Filing 11 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion on the Pleadings filed by defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. Motion set for hearing on 12/17/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Proposed Order) (Im, Robert) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 1/14/2019 at 01:30 PM before Judge Virginia A. Phillips. (bh)
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Filing 9
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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| Filing 8 CERTIFICATE OF SERVICE filed by defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, re Notice of Removal (Attorney Civil Case Opening),,, #1 served on 10-25-18. (Im, Robert) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge John E. McDermott. (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank. [FILED IN STATE COURT ON 9/21/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL](Attorney Adam S Hamburg added to party Mortgage Electronic Registration Systems, Inc.(pty:dft), Attorney Adam S Hamburg added to party Wells Fargo Bank(pty:dft))(lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 25, Mortgage Electronic Registration Systems, Inc., Quality Loan Service Corporation, Wells Fargo Bank. Jury Demanded, filed by Plaintiffs Javahn L. Johnson, Monique B. Johnson. #1 [FILED IN STATE COURT ON 8/22/2018 SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (lh) |
| Filing 5 REQUEST FOR JUDICIAL NOTICE In Support of Notice of Removal filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi. (Attachments: #1 Exhibit A - Los Angeles County Office Assessor Property Information Sheet)(Im, Robert) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi identifying Wells Fargo Bank - Corporate Parent (Wells Fargo & Company); MERS - Corporate Parent (Maroon Holding, LLC) as Corporate Parent. (Im, Robert) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi, identifying Wells Fargo Bank - Corporate Parent (Wells Fargo & Company); MERS - Corporate Parent (Maroon Holding LLC). (Im, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi. (Im, Robert) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number NC061973 Receipt No: 0973-22635554 - Fee: $400, filed by defendants Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi, Mortgage Electronic Registration Systems, Inc.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Answer to Complaint, #3 Exhibit 3 - DNMS, #4 Exhibit 4 - State Court Docket) (Attorney Robert June-Young Im added to party Mortgage Electronic Registration Systems, Inc.(pty:dft), Attorney Robert June-Young Im added to party Wells Fargo Bank, National Association as Trustee for the Certificate holders of Structured asset Mortgage Investments II Inc., Bear Stearns mortgage Funding trust 2007-AR4 Mortgage Pass Through Certi(pty:dft))(Im, Robert) |
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