Clemente Cruz et al v. Specialized Loan Servicing, LLC et al
| Clemente Cruz and Margarithelenee Cruz |
| Specialized Loan Servicing, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10, The Bank of New York Mellon and The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust |
| 8:2022cv01610 |
| August 30, 2022 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John D Early |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
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Filing 15
ORDER DENYING DEFENDANTS REQUEST FOR JUDICIAL NOTICE [Dkt. 10] AND DENYING IN SUBSTANTIAL PART DEFENDANTS MOTION TO DISMISS [Dkt. 9] by Judge Cormac J. Carney. RE: #9 , #10 . If Plaintiffs wish to amend their complaint, Plaintiffs must file the amended complaint no later than October 28, 2022. If Plaintiffs do not file an amended complaint by that date, Defendants must file an answer to Plaintiffs complaint by November 14, 2022. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 14 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Specialized Loan Servicing, LLC, The Bank of New York Mellon. (Norman, Robert) |
| Filing 13 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiffs Clemente Cruz, Margarithelenee Cruz. (Cara, Anthony) |
| Filing 12 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on November 17, 2022. (rrp) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case #9 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. 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. (twdb) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Specialized Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: #1 Exhibit 1- Deed of Trust, #2 Exhibit 2 - Assignment, #3 Exhibit 3 - Assignment, #4 Exhibit 4 - Foreclosure Prevention Alternatives, #5 Exhibit 5 - Notice of Default, #6 Exhibit 6 - Notice of Trustee's Sale, #7 Exhibit 7 - Acknowledgement of Reciept of Loan Modification, #8 Exhibit 8 - Point of Contact, #9 Exhibit 9 - Loan Mod Determination, #10 Exhibit 10 - Borrowers Failed to Accept Offered Programs, #11 Exhibit 11 - Substitution of Trustee)(Norman, Robert) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Specialized Loan Servicing, LLC, The Bank of New York Mellon. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge Cormac J. Carney. (Norman, Robert) |
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge James V. Selna to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-01610-CJC-(JDEx). (dve)
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| Filing 7 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Margarithelenee Cruz, Specialized Loan Servicing, LLC, The Bank of New York Mellon, filed by Plaintiff Clemente Cruz. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 7/29/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Specialized Loan Servicing, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10, identifying Specialized Loan Servicing Holdings LLC; Computershare Mortgage Services Inc.; Computershare US Investments LLC; Computershare Holdings, Inc.. (Norman, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Specialized Loan Servicing, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10. (Norman, Robert) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2022-01272544 Receipt No: ACACDC-33901445 - Fee: $402, filed by defendants The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10, Specialized Loan Servicing, LLC. (Attachments: #1 EX 1 - Complaint, #2 EX 1 - Summons, #3 EX 1 - Civil Case Cover Sheet, #4 EX 1 - Verification to Complaint, #5 EX 1 - Notice of CMC) (Attorney Robert W Norman, Jr added to party Specialized Loan Servicing, LLC(pty:dft), Attorney Robert W Norman, Jr added to party The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10(pty:dft))(Norman, Robert) |
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| Plaintiff: Clemente Cruz | |
| Represented By: | Anthony Paul Cara |
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| Plaintiff: Margarithelenee Cruz | |
| Represented By: | Anthony Paul Cara |
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| Defendant: Specialized Loan Servicing, LLC | |
| Represented By: | Robert W Norman, Jr |
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| Defendant: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-0A10 Mortgage Pass-Through Certificates, Series 2006-OA10 | |
| Represented By: | Robert W Norman, Jr |
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| Defendant: The Bank of New York Mellon | |
| Represented By: | Robert W Norman, Jr |
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| Defendant: The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust | |
| Represented By: | Robert W Norman, Jr |
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