Marisela Dangcil Gomez v. Caliber Home Loans et al
| Marisela Dangcil Gomez |
| JP Morgan Chase Bank, N.A., Trustee Corps, Caliber Home Loans, Does 1 through 20, inclusive and JPMorgan Chase Bank, N.A. |
| 8:2019cv00866 |
| May 8, 2019 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Douglas F McCormick |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
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Filing 23
MINUTES [IN CHAMBERS] ORDER REGARDING DEFENDANT JPMORGAN CHASE BANK, N.A.'S MOTION TO DISMISS (DKT. 9) by Judge Andrew J. Guilford: The Court GRANTS Defendant Chase's motion and gives leave to amend within 21 days of this Order. Knappenberger, 566 F.3d at 942. Though it was unnecessary here for the Court to rule on the substantive merits of each of Plaintiffs claims, the Court notes many substantive deficiencies beyond non-compliance with the statute of limitations. It also has concerns about potential collateral estoppel regarding the Bankruptcy Case. If Plaintiff chooses to amend the Complaint, she should consider the substantive challenges raised in Chase's motion, even where not discussed in this Order. In the future, the failure to timely file an opposition to a motion to dismiss may be considered consent to granting the motion without leave to amend. Also, if Plaintiff chooses to amend, the motion to dismiss filed by Defendant Caliber will be rendered moot, and the July 15, 2019 hearing on Caliber's motion will be VACATED. For efficiency going forward, the Court encourages the Defendants to coordinate or consolidate motions aimed at the same pleading. (See document for further details) (es)
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| Filing 22 MINUTES OF Hearing on Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss #9 held before Judge Andrew J. Guilford: Motion hearing held. No appearance on behalf of the Plaintiff. The Court hears a brief statement from counsel for Defendant regarding the Courts tentative. The Court takes the Motion under submission. Order to issue. Court Reporter: Miriam Baird. Attorneys for Plaintiff: No Appearances; Attorneys for Defendant: Aileen Hunter. Courtroom Deputy: Melissa Kunig; Time in Court: 0:08. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) |
| Filing 21 [PLAINTIFF MARCELA DANGCIL GOMEZ'S OPPOSITION] to Motion to Dismiss Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff Marisela Dangcil Gomez. (Simone, Stuart) Modified on 6/17/2019 (es). |
| Filing 20 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 Request for Judicial Notice in Support of Defendant's Motion to Dismiss Plaintiff's Complaint filed by Defendant Caliber Home Loans. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2)(Edoziem, Ofunne) |
| Filing 19 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 Defendant's Memorandum of Points and Authorities In Support of Notice of Motion and Motion to Dismiss Plaintiff's Complaint filed by Defendant Caliber Home Loans. (Edoziem, Ofunne) |
| Filing 18 [DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT] ANSWER to Complaint - (Discovery), Defendant's Notice of Motion and Motion to Dismiss Complaint filed by Defendant Caliber Home Loans. (Attachments: #1 Proposed Order)(Attorney Ofunne Nkechi Edoziem added to party Caliber Home Loans(pty:dft))(Edoziem, Ofunne) Modified on 6/10/2019 (es). |
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Filing 17
ORDER RE NON-MONETARY STATUS by Judge Andrew J. Guilford, Having reviewed and considered the Stipulation of Non-Monetary Status for Defendant MTC Financial Inc. dba Trustee Corps filed by Plaintiff MARISELA DANGCIL GOMEZ ("Plaintiff") and Defendant MTC Financial Inc. dba Trustee Corps ("Trustee Corps"), by and through their respective counsel of record, and good cause appearing, the Court HEREBY ORDERS as follows: See document for details. (es)
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| Filing 16 PROOF OF SERVICE filed by Defendant JPMorgan Chase Bank, N.A., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Initial Order Setting R26 Scheduling Conference - form only #13 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 served on May 16, 2019. (Webb, Kristin) |
| Filing 15 Amended STIPULATION for Relief from Non-Monetary Status for Defendant MTC Financial Inc. re Stipulation for Relief #14 filed by Defendant Trustee Corps. (Attachments: #1 Proposed Order)(Garcia-Salgado, Rafael) |
| Filing 14 Joint STIPULATION for Relief from NON-MONETARY STATUS FOR DEFENDANT MTC FINANCIAL INC. filed by Defendant Trustee Corps. (Attachments: #1 Proposed Order)(Garcia-Salgado, Rafael) |
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Filing 13
ORDER REGARDING EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE by Judge Andrew J. Guilford. Scheduling Conference set for 7/15/2019 at 09:00 AM. (rrp)
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| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Richard J Reynolds counsel for Defendant Trustee Corps. Adding Richard J. Reynolds as counsel of record for MTC Financial Inc. dba Trustee Corps for the reason indicated in the G-123 Notice. Filed by Defendant MTC Financial Inc. dba Trustee Corps. (Attorney Richard J Reynolds added to party Trustee Corps(pty:dft))(Reynolds, Richard) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Rafael Garcia-Salgado counsel for Defendant Trustee Corps. Adding Rafael R. Garcia-Salgado as counsel of record for MTC Financial Inc. dba Trustee Corps for the reason indicated in the G-123 Notice. Filed by Defendant MTC Financial Inc. dba Trustee Corps. (Attorney Rafael Garcia-Salgado added to party Trustee Corps(pty:dft))(Garcia-Salgado, Rafael) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 to RJN, #2 Exhibit 1 to RJN, #3 Exhibit 1 to RJN, #4 Exhibit 2-11 to RJN)(Webb, Kristin) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 6/17/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Memorandum, #2 Proposed Order) (Webb, Kristin) |
| Filing 8 PROOF OF SERVICE filed by Defendant JPMorgan Chase Bank, N.A., re Corporate Disclosure Statement #4 , Civil Cover Sheet (CV-71) #2 , Stipulation for Order #5 , Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 served on 5/9/19. (Webb, Kristin) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Douglas F. McCormick. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Caliber Home Loans, Does 1 through 20, inclusive, JPMorgan Chase Bank, N.A., Trustee Corps. Jury Demanded, filed by plaintiff Marisela Dangcil Gomez. Filed in State Court on 3/5/2019 Submitted with attachment 1 to Notice of Removal #1 (car) |
| Filing 5 STIPULATION for Order for Removal filed by Defendant JP Morgan Chase Bank, N.A..(Webb, Kristin) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant JP Morgan Chase Bank, N.A. (Webb, Kristin) |
| Filing 3 NOTICE of Interested Parties filed by Defendant JP Morgan Chase Bank, N.A., (Webb, Kristin) |
| Filing 2 CIVIL COVER SHEET filed by Defendant JP Morgan Chase Bank, N.A.. (Webb, Kristin) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01055734-CU-OR-CJC Receipt No: 0973-23702973 - Fee: $400, filed by Defendant JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Summons, #3 Exhibit 3 - Civil Cover Sheet, #4 Exhibit 4 - ADR Information, #5 Exhibit 5 - Declaration of Non-Monetary Status, #6 Exhibit 6 - Notice to Adverse Parties) (Attorney Kristin Suzanne Webb added to party JP Morgan Chase Bank, N.A.(pty:dft))(Webb, Kristin) |
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