Mata v. U.S. Bank National Association et al
Plaintiff: Luz Hilda Mata
Defendant: Mortgage Lender Services, Inc., U.S. Bank National Association, The Wolf Firm, Tracey Merrell, Kajal N Islam, Marvin B Adviento, Title Trust Deed Services Company, First American Title Insurance Company, Prober & Raphael, Dean Prober, Homan Mobasser, Amir Hechter, Joseph Oppedisano, Edward Schwartz, Judi Washnick, Instant Mortgage Lending Corporation, Foreclosurelink, Inc., Stewart Title of California, Inc., San Diego County Sheriffs Department, Chula Vista Police Department, Paul Kyle Whissel and Does 1-10
Case Number: 3:2011cv00071
Filed: January 13, 2011
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Anthony J Battaglia
Referring Judge: MJ xBencivengo
Nature of Suit: Real Property: Foreclosure
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 4, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2011 Opinion or Order Filing 67 ORDER DISMISSING CASE. Court dismisses Plaintiff's case without prejudice as to Defendants Prober & Raphael, Dean Prober, Homan Mogasser, Instant Mortgage Lending Corporation and Amir Hechter for Failure to Appear. Signed by Judge Anthony J. Battaglia on 08/04/11.(All non-registered users served via U.S. Mail Service)(cge) (cap).
August 3, 2011 Opinion or Order Filing 66 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion by Defendants Prober and Rachel, Dean Prober, Homan Mobasser, Instant Mortgage Lending Corporation and Amir Hechter to be dismissed. from Defendants Amir Hechter, Instant Mortgage Lending Corporation, Homan Mobasser, Dean Prober, Prober & Raphael. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record.(All non-registered users served via U.S. Mail Service)(cge)
July 29, 2011 Filing 65 MOTION to Dismiss Remaining Defendants by Dean Prober, Prober & Raphael. (Attachments: #1 Proof of Service)(Loeding, Scott) no hearing date and time; no separately captioned memorandum of points and authorities (lao).
June 3, 2011 Opinion or Order Filing 64 ORDER Dismissing Plaintiff's Claims for Failure to Appear and Denying the Pending Motions as Moot. DOES, First American Title Insurance Company, Foreclosurelink, Inc., Kajal N Islam, Tracey Merrell, Mortgage Lender Services, Inc., Joseph Oppedisano, San Diego County Sheriffs Department, Edward Schwartz, Stewart Title of California, Inc., The Wolf Firm, Title Trust Deed Services Company, U.S. Bank National Association, Judi Washnick, Paul Kyle Whissel, Marvin B Adviento and Chula Vista Police Department terminated. Signed by Judge Anthony J. Battaglia on 06/03/11.(All non-registered users served via U.S. Mail Service)(cge) (av1).
June 3, 2011 Filing 63 Minute Order for proceedings held before Judge Anthony J. Battaglia: Status Hearing held on 6/3/2011, Plaintiff nor counsel appeared in Court. Court dismisses case, without prejudice. Denying as moot #29 Motion to Dismiss; Denying as moot #35 Motion to Dismiss; Denying as moot #38 Motion to Dismiss; Denying as moot #9 Motion to Dismiss; Denying as moot #11 Motion to Dismiss; Denying as moot #15 Motion to Dismiss; Denying as moot #16 Motion to Dismiss; Court to prepare order. (Court Reporter Jeanette Hill).(Plaintiff Attorney (n/a)).(Defendant Attorney Brian Slome, christopher John Welsh, Joseph Fox). (ymm)
May 23, 2011 Opinion or Order Filing 62 ORDER for Plaintiff to Appear Regarding Status of Counsel. Status Hearing set for 6/3/2011 01:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 05/23/11.(cge) (av1).
May 23, 2011 Opinion or Order Filing 61 ORDER Denying Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction without Prejudice re #46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction filed by Luz Hilda Mata. Signed by Judge Anthony J. Battaglia on 05/23/11.(cge)(av1).
May 20, 2011 Filing 60 Minute Order for proceedings held before Judge Anthony J. Battaglia:Plaintiff or counsel not present in Court. Motion for TRO; Motion Hearing held on 5/20/2011 re #46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction filed by Luz Hilda Mata ; denying, without prejudice. #46 . Court to prepare order. ( Status Hearing re counsel set for 6/3/2011 01:30 PM in Courtroom 12 before Judge Anthony J. Battaglia.). (Court Reporter Jeanette Hill).(Plaintiff Attorney (n/a)).(Defendant Attorney Scott J. Loeding, Brian Slome, Christopher John Welsh, Erik Kemp). (ymm)
May 6, 2011 Filing 59 NOTICE of Joinder by Dean Prober, Prober & Raphael re #56 Declaration, #58 Certificate of Service, #55 Declaration, #54 Response in Opposition to Motion, #57 Request for Judicial Notice (Loeding, Scott) (cge).
May 4, 2011 Filing 58 CERTIFICATE OF SERVICE by U.S. Bank National Association re #56 Declaration, #55 Declaration, #54 Response in Opposition to Motion, #57 Request for Judicial Notice (McClendon, Regina)(cge).
May 4, 2011 Filing 57 REQUEST FOR JUDICIAL NOTICE by U.S. Bank National Association re #54 Response in Opposition to Motion (Attachments: #1 Exhibit Index and Exhibits A to R)(McClendon, Regina) (cge).
May 4, 2011 Filing 56 DECLARATION by Regina J. McClendon re #54 Response in Opposition to Motion by Defendant U.S. Bank National Association. (McClendon, Regina) (cge).
May 4, 2011 Filing 55 DECLARATION by Chris Spradling re #54 Response in Opposition to Motion by Defendant U.S. Bank National Association. (McClendon, Regina) (cge).
May 4, 2011 Filing 54 RESPONSE in Opposition re #46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction filed by U.S. Bank National Association. (McClendon, Regina) (cge).
April 29, 2011 Filing 53 RESPONSE in Opposition re #46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction filed by Paul Kyle Whissel. (Attachments: #1 Affidavit Proof of Service)(Slome, Brian) (cge).
April 27, 2011 Opinion or Order Filing 52 ORDER Setting Briefing Schedule. Oppositions due on July 14, 2011 and replies are due on July 29, 2011 re #9 MOTION to Dismiss, #11 MOTION to Dismiss, #15 MOTION to Dismiss, #16 MOTION to Dismiss, #29 MOTION to Dismiss, #35 MOTION to Dismiss, #38 MOTION to Dismiss. Signed by Judge Anthony J. Battaglia on 04/27/11.(cge) (mam).
April 19, 2011 Filing 51 NOTICE of Appearance by Christopher John Welsh on behalf of San Diego County Sheriffs Department (Welsh, Christopher)(cge).
April 15, 2011 Filing 50 RESPONSE in Opposition re #29 MOTION to Dismiss and Anti-SLAPP Motion to Strike filed by Luz Hilda Mata. (Attachments: #1 Request for Judicial Notice, #2 Exhibit)(Pines, Michael) (cge).
April 14, 2011 Filing 49 NOTICE of Hearing on Motion #46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction : Motion Hearing set for 5/20/2011 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (sc)
April 8, 2011 Filing 48 REPLY to Response to Motion re #16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by U.S. Bank National Association. (Attachments: #1 Proof of Service)(McClendon, Regina) (cge).
April 8, 2011 Filing 47 Request for Judical Notice by Luz Hilda Mata. (Pines, Michael) Modified text to correct event on 4/11/2011 (cge). Modified on 4/11/2011 (cge).
April 8, 2011 Filing 46 Amended MOTION for Temporary Restraining Order and Preliminary Injunction by Luz Hilda Mata. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration)(Pines, Michael) No hearing date and time indicated on document (cge).
April 4, 2011 Filing 45 NOTICE of Hearing on Motion #35 MOTION to Dismiss and Anti-SLAPP Motion to Strike, #15 MOTION to Dismiss, #11 MOTION to Dismiss, #29 MOTION to Dismiss and Anti-SLAPP Motion to Strike, #16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, #38 MOTION to Dismiss, #9 MOTION to Dismiss with proof of service : Motion Hearings set/continued to 8/26/2011 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (sc)
April 1, 2011 Filing 44 RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted By U.S. Bank filed by Luz Hilda Mata. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1)(Pines, Michael) Corrected pdf image of Exhibit 1 (cge). (Attachment 2 replaced on 4/4/2011) (cge).
March 30, 2011 Filing 43 REPLY to Response to Motion re #15 MOTION to Dismiss filed by Chula Vista Police Department. (Attachments: #1 Proof of Service)(Wade, Byron) (cge).
March 25, 2011 Filing 42 REPLY to Response to Motion re #11 MOTION to Dismiss filed by San Diego County Sheriffs Department. (Kennedy, Kevin) (cge). Modified text to correct event on 4/12/2011, per chambers (cge).
March 24, 2011 Filing 41 NOTICE of Appearance by Kenneth H Moreno on behalf of Amir Hechter, Instant Mortgage Lending Corporation, Homan Mobasser, Dean Prober, Prober & Raphael (Moreno, Kenneth) (cge).
March 24, 2011 Filing 40 NOTICE by Luz Hilda Mata re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #8 Order on Motion for Preliminary Injunction, #6 Order on Motion for TRO, Amended Notice of Hearing (Pines, Michael) qc mailer sent to atty, per chambers - requested to re-file as a new motion; document to be withdrawn. (cge)
March 24, 2011 Filing 39 RESPONSE in Opposition re #15 MOTION to Dismiss By Chula Vista Police Dept. filed by Luz Hilda Mata. (Pines, Michael) qc mailer sent to atty re improper s/ (FYI); and request for certificate of service be submitted. (cge).
March 21, 2011 Filing 38 MOTION to Dismiss by Paul Kyle Whissel. (Attachments: #1 Memo of Points and Authorities)(Slome, Brian) (lao).
March 18, 2011 Filing 37 RESPONSE in Opposition re #11 MOTION to Dismiss By San Diego County filed by Luz Hilda Mata. (Pines, Michael) Modified on 3/21/2011, atty notified re proper signature and missing certificate of service (srm).
March 15, 2011 Filing 36 CERTIFICATE OF SERVICE by Marvin B Adviento, Kajal N Islam, Tracey Merrell, The Wolf Firm re #33 Reply to Response to Motion (Adviento, Marvin) (srm).
March 14, 2011 Filing 35 MOTION to Dismiss and Anti-SLAPP Motion to Strike by Amir Hechter, Instant Mortgage Lending Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Loeding, Scott) (tkl).
March 14, 2011 Opinion or Order Filing 34 ORDER Transferring Case: Judge Anthony J. Battaglia added to the case. Judge Janis L. Sammartino is no longer assigned to case and Judge Anthony J. Battaglia is now assigned to the case. The new case number is 11cv71 AJB (CAB). Signed by Judge Janis L. Sammartino on 3/14/11.(lmt)
March 11, 2011 Filing 33 REPLY to Response to Motion re #9 MOTION to Dismiss filed by Marvin B Adviento, Kajal N Islam, Tracey Merrell, The Wolf Firm. (Adviento, Marvin) (atty contacted re cert of service) (lmt).
March 11, 2011 Opinion or Order Filing 32 ORDER Setting Briefing Schedule as to #29 MOTION to Dismiss and Anti-SLAPP Motion to Strike: Plaintiff shall file an opposition on or before 4/14/11. Defendant, if it wishes, shall file a reply on or before 4/28/11. Signed by Judge Janis L. Sammartino on 3/11/11.(lmt)
March 11, 2011 Opinion or Order Filing 31 ORDER denying #30 Defendants' Ex Parte Motion to Expedite/Reset. Signed by Judge Janis L. Sammartino on 3/11/11. (lmt)
March 8, 2011 Filing 30 Ex Parte MOTION to Expedite /Reset Motion to Strike/Motion to Dismiss by Dean Prober, Prober & Raphael. (Attachments: #1 Proof of Service)(Loeding, Scott) (lmt).
March 7, 2011 Filing 29 MOTION to Dismiss and Anti-SLAPP Motion to Strike by Dean Prober, Prober & Raphael. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Loeding, Scott) (lmt).
March 4, 2011 Filing 28 RESPONSE in Opposition re #9 MOTION to Dismiss with proof of service of Wolf Law firm et. al. filed by Luz Hilda Mata. (Pines, Michael) emailed atty re missing proof of service (jer).
March 4, 2011 Opinion or Order Filing 27 ORDER granting as to #26 Motion for Extension of Time to Answer re #1 Complaint. Defendants Instant Mortgage Lending Corporation and Amir Hechter are to file and serve a responsive pleading to Plaintiff Luz Hilda Mata's Complaint on or before March 14, 2011. Signed by Judge Janis L. Sammartino on 3/4/11. (rlu) (jcj).
March 3, 2011 Filing 26 MOTION for Extension of Time to File Answer re #1 Complaint, by Amir Hechter, Instant Mortgage Lending Corporation. (Attachments: #1 Declaration, #2 Proof of Service)(Loeding, Scott)(tkl).
March 3, 2011 Opinion or Order Filing 25 ORDER Setting Briefing Schedule as to #16 MOTION to Dismiss: A hearing on the motion is currently set for May 12, 2011. Plaintiff shall file an opposition on or before April 1, 2011. Defendant, if it wishes, shall file a reply on or before April 8, 2011. Signed by Judge Janis L. Sammartino on 3/3/11.(rlu) (av1).
March 2, 2011 Filing 24 SUMMONS Returned Executed by Luz Hilda Mata. San Diego County Sheriffs Department served on 1/21/2011, answer due 2/11/2011; Stewart Title of California, Inc. served on 1/21/2011, answer due 2/11/2011; Paul Kyle Whissel served on 1/21/2011, answer due 2/11/2011. (Pines, Michael) (rlu).
March 2, 2011 Filing 23 SUMMONS Returned Executed by Luz Hilda Mata. Amir Hechter served on 1/20/2011, answer due 2/10/2011; Instant Mortgage Lending Corporation served on 1/20/2011, answer due 2/10/2011; U.S. Bank National Association served on 1/20/2011, answer due 2/10/2011. (Pines, Michael) (rlu).
March 2, 2011 Filing 22 SUMMONS Returned Executed by Luz Hilda Mata. Chula Vista Police Department served on 2/9/2011, answer due 3/2/2011. (Pines, Michael) (rlu).
March 2, 2011 Filing 21 SUMMONS Returned Executed by Luz Hilda Mata. Marvin B Adviento served on 1/19/2011, answer due 2/9/2011; Kajal N Islam served on 1/19/2011, answer due 2/9/2011; Tracey Merrell served on 1/19/2011, answer due 2/9/2011; Homan Mobasser served on 1/19/2011, answer due 3/7/2011; Dean Prober served on 1/19/2011, answer due 3/7/2011; Prober & Raphael served on 1/19/2011, answer due 3/7/2011; The Wolf Firm served on 1/19/2011, answer due 2/9/2011; Title Trust Deed Services Company served on 1/19/2011, answer due 2/9/2011. (Pines, Michael) (rlu).
March 2, 2011 Opinion or Order Filing 20 ORDER Setting Briefing Schedule as to #15 MOTION to Dismiss: A hearing on the motion is currently set for May 5, 2011. Plaintiff shall file an opposition on or before March 25, 2011. Defendant, if it wishes, shall file a reply on or before April 1, 2011.Signed by Judge Janis L. Sammartino on 3/2/11.(rlu)
March 1, 2011 Filing 19 AMENDED Certificate of Service by U.S. Bank National Association. Amendment to #16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Amended Certificate of Service. (McClendon, Regina) (lmt).
March 1, 2011 Filing 18 NOTICE of Party With Financial Interest by U.S. Bank National Association (Attachments: #1 Proof of Service)(McClendon, Regina) (lmt).
March 1, 2011 Filing 17 REQUEST FOR JUDICIAL NOTICE by U.S. Bank National Association re #16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Attachments: #1 Exhibit A through P, #2 Appendix Exhibit Index to Request for Judicial Notice)(McClendon, Regina) (lmt).
March 1, 2011 Filing 16 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted by U.S. Bank National Association. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(McClendon, Regina) (lmt).
February 25, 2011 Filing 15 MOTION to Dismiss by Chula Vista Police Department. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Wade, Byron) (lmt).
February 23, 2011 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Motion to Dismiss: Answer Homan Mobasser answer due 3/7/2011; Dean Prober answer due 3/7/2011; Prober & Raphael answer due 3/7/2011. Signed by Judge Janis L. Sammartino on 2/23/11. (lmt) (jcj).
February 22, 2011 Filing 13 MOTION for Extension of Time to File Answer by Dean Prober, Prober & Raphael. (Attachments: #1 Declaration, #2 Proof of Service)(Loeding, Scott) (lmt).
February 15, 2011 Opinion or Order Filing 12 ORDER Setting Briefing Schedule as to #11 MOTION to Dismiss: Plaintiff shall file an opposition on or before 3/18/11. Defendant, if it wishes, shall file a reply on or before 3/25/11. Signed by Judge Janis L. Sammartino on 2/15/11.(lmt) (jcj).
February 11, 2011 Filing 11 MOTION to Dismiss by San Diego County Sheriffs Department. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Kennedy, Kevin) (lmt).
February 11, 2011 Opinion or Order Filing 10 ORDER Setting Briefing Schedule as to #9 MOTION to Dismiss: Plaintiff shall file an opposition on or before 3/4/11. Defendant, if it wishes, shall file a reply on or before 3/11/11. Signed by Judge Janis L. Sammartino on 2/11/11.(lmt) (jcj).
February 9, 2011 Filing 9 MOTION to Dismiss with proof of service by Marvin B Adviento, Kajal N Islam, Tracey Merrell, The Wolf Firm. (Adviento, Marvin) (lmt).
February 4, 2011 Opinion or Order Filing 8 ORDER denying without prejudice #3 Motion for Preliminary Injunction: The hearing set for 3/18/11 is vacated. Signed by Judge Janis L. Sammartino on 2/4/11. (lmt)
February 3, 2011 Filing 7 DECLARATION of Trustee's non-monetary status by Defendant Title Trust Deed Services Company. (Stillman, Jason)(lmt).
January 19, 2011 Opinion or Order Filing 6 ORDER (1) denying #3 Plaintiff's Ex Parte Motion for TRO; (2) setting hearing for preliminary injunction: to have their request for a preliminary injunction set for hearing, Plaintiff must serve Defendants with all documents in this matter by 1/28/11. Plaintiff must electronically file proof of service by 2/2/11. If Plaintiff timely serve and file all documents, the request for a preliminary injunction will be set for hearing on 3/18/11 at 3:00 PM. An opposition to the preliminary injunction shall be filed by 2/18/11. A reply, if Plaintiff wishes to file one, shall be filed by 2/25/11. Signed by Judge Janis L. Sammartino on 1/19/11. (lmt)
January 14, 2011 Filing 5 Minute Order: Judge Larry Alan Burns recuses from this case and request another Judge be assigned. Judge Janis L. Sammartino has been randomly assigned to this case. The new case number is 11cv0071-JLS(CAB)(jsp)
January 13, 2011 Filing 4 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #1 Complaint (kaj)
January 13, 2011 Filing 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction by Luz Hilda Mata. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice (continued), #3 Request for Judicial Notice (continued), #4 Request for Judicial Notice (continued), #5 Request for Judicial Notice (continued), #6 Request for Judicial Notice (continued), #7 Request for Judicial Notice (continued), #8 Declaration of Carlos Castro, #9 Declaration of Michael T. Pines)(kaj)
January 13, 2011 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ecs)
January 13, 2011 Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 22089.), filed by Luz Hilda Mata.The new case number is 3:11-cv-71-LAB-CAB. Judge Larry Alan Burns and Magistrate Judge Cathy Ann Bencivengo are assigned to the case.(ecs)(av1).

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Search for this case: Mata v. U.S. Bank National Association et al
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Defendant: Mortgage Lender Services, Inc.
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Defendant: U.S. Bank National Association
Represented By: Regina Jill McClendon
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Defendant: The Wolf Firm
Represented By: Marvin Belo Adviento
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Defendant: Tracey Merrell
Represented By: Marvin Belo Adviento
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Defendant: Kajal N Islam
Represented By: Marvin Belo Adviento
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Defendant: Marvin B Adviento
Represented By: Marvin Belo Adviento
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Defendant: Title Trust Deed Services Company
Represented By: Jason Joseph Stillman
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Defendant: First American Title Insurance Company
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Defendant: Prober & Raphael
Represented By: Kenneth H. Moreno
Represented By: Scott J Loeding
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Defendant: Dean Prober
Represented By: Kenneth H. Moreno
Represented By: Scott J Loeding
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Defendant: Homan Mobasser
Represented By: Kenneth H. Moreno
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Defendant: Amir Hechter
Represented By: Kenneth H. Moreno
Represented By: Scott J Loeding
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Defendant: Joseph Oppedisano
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Defendant: Edward Schwartz
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Defendant: Judi Washnick
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Defendant: Instant Mortgage Lending Corporation
Represented By: Kenneth H. Moreno
Represented By: Scott J Loeding
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Defendant: Foreclosurelink, Inc.
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Defendant: Stewart Title of California, Inc.
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Defendant: San Diego County Sheriffs Department
Represented By: Christopher John Welsh
Represented By: Kevin G Kennedy
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Defendant: Chula Vista Police Department
Represented By: Byron S. Wade
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Defendant: Paul Kyle Whissel
Represented By: Brian Slome
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Defendant: Does 1-10
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Plaintiff: Luz Hilda Mata
Represented By: Michael T Pines
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