Dela Cruz et al v. Select Portfolio Servicing, Inc. et al
Plaintiff: Evelyn Dela Cruz and Efren Dela Cruz
Defendant: HSBC Mortgage Corporation, Washington Mutual Bank, FSB, JP Morgan Chase Bank, N.A., Select Portfolio Servicing, Inc., All Persons Unknown Claiming any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, Thereto, Bank of America, National Association, California Reconveyance Company, James Dimon and James Dimon doing business as Chase Services
Case Number: 5:2019cv00283
Filed: January 16, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Lucy H Koh
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2019 Filing 26 REPLY (re #17 MOTION to Dismiss ) filed bySelect Portfolio Servicing, Inc.. (Hawkins, Bryan) (Filed on 3/1/2019)
February 20, 2019 Filing 25 REPLY (re #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byCalifornia Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A)(Khoury, Monder) (Filed on 2/20/2019)
February 15, 2019 Filing 24 OPPOSITION to #17 MOTION to Dismiss; Memorandum of Points and Authorities in Opposition Thereof filed by Efren Dela Cruz, Evelyn Dela Cruz. ***DUPLICATE OF DOCUMENT #22*** (dhmS, COURT STAFF) (Filed on 2/15/2019)
February 15, 2019 Filing 23 DECLARATION of Efren Dela Cruz as Evidence in Opposition to #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Efren Dela Cruz, Evelyn Dela Cruz. (Related document(s) #9 ) (dhmS, COURT STAFF) (Filed on 2/15/2019)
February 15, 2019 Filing 22 OPPOSITION to #17 MOTION to Dismiss; Memorandum of Points and Authorities in Opposition Thereof filed by Efren Dela Cruz, Evelyn Dela Cruz. (dhmS, COURT STAFF) (Filed on 2/15/2019)
February 15, 2019 Filing 21 OPPOSITION to #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Opposition Thereof filed by Efren Dela Cruz, Evelyn Dela Cruz. (dhmS, COURT STAFF) (Filed on 2/15/2019)
February 14, 2019 Filing 20 CLERK'S NOTICE Continuing Motion Hearing. The Motion set for hearing on February 27, 2019, is continued to May 30, 2019, at 1:30 pm in Courtroom 8, 4th Floor before Judge Lucy H. Koh. Set/Reset Deadlines as to #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities.. (This is a text-only entry generated by the court. There is no document associated with this entry.), (sp, COURT STAFF) (Filed on 2/14/2019)
February 11, 2019 Filing 19 REPLY (re #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities ) / Notice of Non-Opposition filed byCalifornia Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A.. (Khoury, Monder) (Filed on 2/11/2019)
February 8, 2019 Filing 18 Certificate of Interested Entities by Select Portfolio Servicing, Inc. identifying Corporate Parent SPS Holding Corp., Corporate Parent Credit Suisse (USA), Inc., Corporate Parent Credit Suisse AG and Credit Suisse Group AG for Select Portfolio Servicing, Inc.. (Hawkins, Bryan) (Filed on 2/8/2019)
February 8, 2019 Filing 17 MOTION to Dismiss filed by Select Portfolio Servicing, Inc.. Motion Hearing set for 5/30/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 2/22/2019. Replies due by 3/1/2019. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Hawkins, Bryan) (Filed on 2/8/2019)
February 4, 2019 Filing 16 SECOND CLERK'S NOTICE CORRECTING 1/31/2019 CLERK'S NOTICE (ECF No. 15). Initial Case Management Conference set for 4/24/2019 02:00 PM in San Jose, Courtroom 8, 4th Floor. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy Koh: http://cand.uscourts.gov/lhk. Set/Reset Deadlines as to #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities. Motion Hearing set for 6/20/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (Attachments: #1 Certificate/Proof of Service) (ecgS, COURT STAFF) (Filed on 2/4/2019)
January 31, 2019 Filing 15 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO DISMISS FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 4/24/2019 02:00 PM in San Jose, Courtroom 8, 4th Floor. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy Koh: http://cand.uscourts.gov/lhk. Set/Reset Deadlines as to #9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities. Motion Hearing set for 6/20/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (Attachments: #1 Certificate/Proof of Service) (ecgS, COURT STAFF) (Filed on 1/31/2019)
January 31, 2019 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings pursuant to Clerk's Notice of Impending Reassignment to a U.S. District Judge. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 1/31/2019. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service) (bwS, COURT STAFF) (Filed on 1/31/2019)
January 31, 2019 Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO UNITED STATES DISTRICT COURT JUDGE AND CERTIFICATE OF SERVICE. (lmh, COURT STAFF) (Filed on 1/31/2019)
January 30, 2019 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Efren Dela Cruz, Evelyn Dela Cruz. (Attachments: #1 Consent/Declination)(sfbS, COURT STAFF) (Filed on 1/30/2019)
January 30, 2019 Filing 11 NOTICE of Appearance by Bryan Lakeith Hawkins and Thomas A. Woods (Hawkins, Bryan) (Filed on 1/30/2019)
January 24, 2019 Filing 10 CLERK'S NOTICE REGARDING Consent or Declination: Plaintiffs to file a consent or declination to proceed before a magistrate judge by 1/31/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Attachments: #1 Certificate/Proof of Service) (lmh, COURT STAFF) (Filed on 1/24/2019)
January 23, 2019 Filing 9 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities filed by California Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A.. Motion Hearing set for 2/27/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 2/6/2019. Replies due by 2/13/2019. (Attachments: #1 Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit A to Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit B to Request for Judicial Notice in Support of Motion to Dismiss, #4 Exhibit C to Request for Judicial Notice in Support of Motion to Dismiss, #5 Exhibit D to Request for Judicial Notice in Support of Motion to Dismiss, #6 Exhibit E to Request for Judicial Notice in Support of Motion to Dismiss, #7 Exhibit F to Request for Judicial Notice in Support of Motion to Dismiss, #8 Exhibit G to Request for Judicial Notice in Support of Motion to Dismiss, #9 Exhibit H to Request for Judicial Notice in Support of Motion to Dismiss, #10 Exhibit I to Request for Judicial Notice in Support of Motion to Dismiss, #11 Exhibit J to Request for Judicial Notice in Support of Motion to Dismiss, #12 Exhibit K to Request for Judicial Notice in Support of Motion to Dismiss, #13 Exhibit L to Request for Judicial Notice in Support of Motion to Dismiss, #14 Exhibit M to Request for Judicial Notice in Support of Motion to Dismiss, #15 Exhibit N to Request for Judicial Notice in Support of Motion to Dismiss, #16 Exhibit O to Request for Judicial Notice in Support of Motion to Dismiss, #17 Exhibit P to Request for Judicial Notice in Support of Motion to Dismiss, #18 Proposed Order, #19 Certificate/Proof of Service)(Khoury, Monder) (Filed on 1/23/2019)
January 23, 2019 Filing 8 Certificate of Interested Entities by California Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A. (Khoury, Monder) (Filed on 1/23/2019)
January 17, 2019 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A... (Khoury, Monder) (Filed on 1/17/2019)
January 17, 2019 Filing 6 CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 1/31/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Attachments: #1 Certificate/Proof of Service) (lmh, COURT STAFF) (Filed on 1/17/2019)
January 17, 2019 Filing 5 CERTIFICATE OF SERVICE by California Reconveyance Company, James Dimon, JP Morgan Chase Bank, N.A. re #1 Notice of Removal, (Khoury, Monder) (Filed on 1/17/2019)
January 17, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/10/2019. Initial Case Management Conference set for 4/17/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 1/17/2019)
January 16, 2019 Filing 3 Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/30/2019. (bwS, COURT STAFF) (Filed on 1/16/2019)
January 16, 2019 Filing 2 Corporate Disclosure Statement by JP Morgan Chase Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank, N.A.. (Khoury, Monder) (Filed on 1/16/2019)
January 16, 2019 Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 18CV336221. (Filing fee $400 receipt number 0971-13010100). Filed byJP Morgan Chase Bank, N.A., California Reconveyance Company, James Dimon. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(Khoury, Monder) (Filed on 1/16/2019)

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Search for this case: Dela Cruz et al v. Select Portfolio Servicing, Inc. et al
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Plaintiff: Evelyn Dela Cruz
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Plaintiff: Efren Dela Cruz
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Defendant: HSBC Mortgage Corporation
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Defendant: Washington Mutual Bank, FSB
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Defendant: JP Morgan Chase Bank, N.A.
Represented By: Monder Khoury
Represented By: Joseph Edward Addiego, III
Represented By: John Douglas Freed
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Defendant: Select Portfolio Servicing, Inc.
Represented By: Bryan Lakeith Hawkins
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Defendant: All Persons Unknown Claiming any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, Thereto
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Defendant: Bank of America, National Association
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Defendant: California Reconveyance Company
Represented By: Monder Khoury
Represented By: Joseph Edward Addiego, III
Represented By: John Douglas Freed
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Defendant: James Dimon
Represented By: Monder Khoury
Represented By: Joseph Edward Addiego, III
Represented By: John Douglas Freed
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Defendant: James Dimon doing business as Chase Services
Represented By: Monder Khoury
Represented By: Joseph Edward Addiego, III
Represented By: John Douglas Freed
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