Jose Luis Bobadilla v. SecurityNational Mortgage Company
| Jose Luis Bobadilla |
| The Bank of New York Mellon, CWalt Inc., The Bank of New York, Shellpoint Mortgage Servicing, SecurityNational Mortgage Company, National Default Servicing Corporation and DOES 1 through 25, inclusive |
| 2:2021cv00992 |
| February 3, 2021 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Fernando M Olguin |
| Alka Sagar |
| Autumn D Spaeth |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 40 JUDGMENT GRANTING DEFENDANT NATIONAL DEFAULT SERVICING CORPORATIONS MOTION TO DISMISS PLAINTIFF'S COMPLAINT by Judge Philip S. Gutierrez #11 . IT IS HEREBY ORDERED THAT the Motion is GRANTED. IT IS FURTHER ORDERED THAT this action is hereby dismissed with prejudice as to NDSC. IT IS FURTHER ORDERED THAT JUDGMENT is entered in favor of NDSC and against Plaintiff, Jose Luis Bobadilla. IT IS FURTHER ORDERED that NDSC shall be entitled to recover its costs of suit. IT IS SO ORDERED. (yl) |
| Filing 39 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez : Please be advised the Motions to Dismiss #20 and #35 are reset to 4/26/2021 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 38 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities #11 (Attachments: #1 Proposed Order)(Lees, Megan) |
Filing 37
MINUTE ORDER (IN CHAMBERS) The Court GRANTS Defendant's motion to dismiss #11 by Judge Philip S. Gutierrez: (See document for further details) (yl)
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| Filing 36 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #35 filed by Defendant SecurityNational Mortgage Company. (Sharma, Dhruv) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant SecurityNational Mortgage Company. Motion set for hearing on 4/19/2021 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Sharma, Dhruv) |
| Filing 34 MINUTES (IN CHAMBERS) The Court DENIES Plaintiffs motion to disqualify by Judge Philip S. Gutierrez: The Court did not violate Plaintiffs constitutional rights by dismissing his insufficient complaints. Accordingly, the Court DENIES Plaintiffs motion to disqualify as meritless. IT IS SO ORDERED. (See document for further details) (yl) |
| Filing 33 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Referral of Motion to Disqualify (CV 54) - optional html form, #32 Referral of Motion to Disqualify Judge, document # 32 was issued in error and is now vacated. (rn) |
| Filing 32 REFERRAL OF MOTION to Disqualify Judge Philip S. Gutierrez has been filed. Pursuant to GO 21-01 and Local Rule 72-5 NOTICE OF MOTION AND MOTION to Disqualify Judge Philip S. Gutierrez and Autumn D. Spaeth #28 is referred to Judge Stephen V. Wilson for determination. (rn) |
| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities #11 filed by Defendant National Default Servicing Corporation. (Lees, Megan) |
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Filing 27
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING Notice of Motion and Motion to Disqualify Phillip S. Gutierrez amd Autumn D. Spaeth submitted by Plaintiff Jose Luis Bobadilla received on 3/1/21 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl)
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| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) #17 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Motion scheduled before the incorrect judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) |
| Filing 31 BRIEF IN SUPPORT OF NOTICE ESTABLISHING PLAINTIFF'S JURY TRIAL DEMAND filed by Plaintiff Jose Luis Bobadilla. (yl) |
| Filing 30 NOTICE TO FURTHER ESTABLISH PLAINTIFF'S JURY TRIAL DEMAND filed by Plaintiff Jose Luis Bobadilla. (yl) |
| Filing 28 NOTICE OF MOTION AND MOTION to Disqualify Judge Philip S. Gutierrez filed by Plaintiff Jose Luis Bobadilla. Motion set for hearing on 3/22/2021 at 01:30 PM before Judge Philip S. Gutierrez. (yl) |
| Filing 26 BRIEF IN SUPPORT OF PLAINTIFFS AFFIDAVIT IN OPPOSITION TO DEFENDANT NATIONAL DEFAULT SERVICING CORPORATIONS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; EXHIBITS A & B ATTACHED AND DECLARATION IN SUPPORT THEREOF #20 filed by Plaintiff Jose Luis Bobadilla. (yl) |
| Filing 25 BRIEF IN SUPPORT OF PLAINTIFFS AFFIDAVIT IN OPPOSITION TO DEFENDANT NATIONAL DEFAULT SERVICING CORPORATIONS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; EXHIBITS A & B ATTACHED AND DECLARATION IN SUPPORT THEREOF #20 filed by Plaintiff Jose Luis Bobadilla. (yl) |
| Filing 24 PLAINTIFFS AFFIDAVIT IN OPPOSITION TO DEFENDANT NATIONAL DEFAULT SERVICING CORPORATIONS MOTION TO DISMISS; WITH EXHIBITS A, B, C, & D ATTACHED; DECLARATION IN SUPPORT THEREOF #20 filed by Plaintiff Jose Luis Bobadilla. (yl) |
| Filing 22 NOTICE of Interested Parties filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon, identifying Shellpoint Partners LLC; New Residential Investment Corp.; The Bank of New York Mellon Corporation. (Robinson, Kristel) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) #20 filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Attachments: #1 EXHIBITS A - C)(Robinson, Kristel) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon. Motion set for hearing on 4/12/2021 at 01:30 PM before Judge Philip S. Gutierrez. (Robinson, Kristel) |
| Filing 19 Notice of Withdrawal of Request for Judicial Notice, #18 , Motion to Dismiss (cause or other), #17 filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Robinson, Kristel) |
| Filing 18 **WITHDRAWN ON 3-1-21** REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) #17 filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon. (Attachments: #1 EXHIBITS A - C)(Robinson, Kristel) Modified on 3/2/2021 (yl). |
| Filing 17 **WITHDRAWN ON 3-1-21** NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) filed by Defendants Shellpoint Mortgage Servicing, The Bank of New York Mellon. Motion set for hearing on 4/8/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attorney Kristel Adriane Robinson added to party Shellpoint Mortgage Servicing(pty:dft), Attorney Kristel Adriane Robinson added to party The Bank of New York Mellon(pty:dft)) (Robinson, Kristel) Modified on 3/2/2021 (yl). |
| Filing 16 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Please be advised #11 MOTION TO DISMISS is continued to 03/22/21 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 15 CERTIFICATION and NOTICE of Interested Parties filed by Defendant National Default Servicing Corporation, identifying National Default Servicing Corporation. (Lees, Megan) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant National Default Servicing Corporation (Lees, Megan) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities #11 filed by Defendant National Default Servicing Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Lees, Megan) |
| Filing 12 DECLARATION of Olivia Todd In Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities #11 filed by Defendant National Default Servicing Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lees, Megan) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities filed by Defendant National Default Servicing Corporation. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Attorney Megan Elizabeth Lees added to party National Default Servicing Corporation(pty:dft)) (Lees, Megan) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 9
ORDER TO REASSIGN CASE Pursuant General Order 19-03 (identical case) by Judge Josephine L. Staton, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Philip S. Gutierrez for all further proceedings. All discovery matters are transferred to Magistrate Judge Autumn D. Spaeth. Case number now reads as 2:21-cv-00992 PSG(ADSx). (rn)
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| Filing 8 CERTIFICATE OF SERVICE filed by Defendant SecurityNational Mortgage Company, re Notice of Removal (Attorney Civil Case Opening), #1 served on 02/05/2021. (Sharma, Dhruv) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alka Sagar. (jtil) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant SecurityNational Mortgage Company. Related Case(s): 2:20-cv-05732-PSG-ADS; 2:20-cv-09322-PSG-ADSx (Attachments: #1 Exhibit 1 - Complaints in Case No. 2:20-cv-05732-PSG-ADS and 2:20-cv-09322-PSG-ADSx)(Sharma, Dhruv) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant SecurityNational Mortgage Company identifying SecurityNational Financial Corporation as Corporate Parent. (Sharma, Dhruv) |
| Filing 3 CERTIFICATION and NOTICE of Interested Parties filed by Defendant SecurityNational Mortgage Company, identifying SecurityNational Financial Corporation. (Sharma, Dhruv) |
| Filing 2 CIVIL COVER SHEET filed by Defendant SecurityNational Mortgage Company. (Sharma, Dhruv) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV49519 with filing fee previously paid ($402 paid on 02/03/2021, receipt number 30383015), filed by Defendant SecurityNational Mortgage Company. (Attachments: #1 Exhibit 1 - State Court Complaint, Order on Court Fee Waiver, and OSC, #2 Exhibit 2 - State Court Docket) (Attorney Dhruv M Sharma added to party SecurityNational Mortgage Company(pty:dft))(Sharma, Dhruv) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Jose Luis Bobadilla in Los Angeles Superior Court on 12/29/2020, attached as Exhibit 1. (jtil) |
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