Brinkley v. Monterey Financial Services, Inc. et al
Plaintiff: Tiffany Brinkley
Defendant: Monterey Financial Services, Inc., DOE No. 1 Monterey Financial Services, LLC and DOES 1 through 100
Case Number: 3:2016cv01103
Filed: May 6, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: William V. Gallo
Presiding Judge: William Q. Hayes
Nature of Suit: Contract: Other
Cause of Action: 28:1332nr Diversity-Notice of Removal
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 21, 2020 Opinion or Order Filing 156 ORDER: This action is stayed pending the California Supreme Court's resolution of Smith v. LoanMe, Inc., No. S260391. Monterey shall file a status report on 7/10/2020, and every ninety (90) days thereafter, on the status of the state court proce edings. Monterey shall file a notice to the Court within seven (7) days of the California Supreme Court's resolution of Smith. After the seven-day period, the stay will be lifted and proceedings will resume in this Court. Monterey's Motion for Reconsideration of Order Denying Motion to Dismiss Plaintiff's Claim Under Cal. Penal Code Section 632.7 (ECF No. 149 ) is denied without prejudice to refile. Monterey may file any amended Motion for Reconsideration within fourteen (14) days of the California Supreme Court's decision in Smith. Signed by Judge William Q. Hayes on 4/20/2020. (ag)
November 27, 2018 Opinion or Order Filing 115 ORDER: Plaintiff's Motion for Leave to Amend and to File a Second Amended Class Action Complaint (ECF No. 111 ) is Granted. Plaintiff may file the proposed Second Amended Class Action Complaint (ECF No. 111 -1) on or before 12/10/2018. Signed by Judge William Q. Hayes on 11/27/2018. (ajs)
September 13, 2018 Opinion or Order Filing 106 ORDER: Monterey's Motion to Dismiss (ECF No. 100 ) is Granted in Part and Denied in Part. Brinkley's claims for violations of Washington Revised Code § 9.73.030 and California Business and Professions Code §§ 17200 et seq. are Dismissed without prejudice. Monterey's Motion to Dismiss (ECF No. 100 ) is Denied in all other respects. Any motion to amend shall be filed on or before 10/22/2018. Signed by Judge William Q. Hayes on 09/13/2018. (ajs)
July 30, 2018 Opinion or Order Filing 104 ORDER Granting 84 Motion to Substitute Party. Monterey Financial Services, Inc. terminated. Signed by Magistrate Judge William V. Gallo on 07/30/2018. (ajs)
May 9, 2018 Opinion or Order Filing 96 ORDER: Monterey LLC's Motion for Sanctions (ECF No. 70 ) is Denied. Brinkley's request for sanctions, see ECF No. 74 , is Denied. Brinkley's Motion to Amend (ECF No. 80 ) is Granted. Brinkley may file the Proposed FAC (ECF No. 80-1) on or before 05/18/2018. Signed by Judge William Q. Hayes on 05/09/2018. (ajs)
December 14, 2017 Opinion or Order Filing 66 ORDER: The Court hereby Denies 65 the parties' request that the Court take the Defendants' Motion to Dismiss (ECF No. 7 ) and Motion for Judgment on the Pleadings (ECF No. 8 ) back under submission. Signed by Judge William Q. Hayes on 12/14/2017.(ajs)
March 23, 2017 Opinion or Order Filing 55 ORDER: The Motion to Remand (Dkt # 12 ) is granted. The Motion to Strike Dr. Lackritz's Declaration (Dkt # 37 ) is denied. The Motion to Strike (Dkt #s 40 , 41 ) is denied as to the two Hughes declarations. The Motion to Strike the supplemen tal declaration of Dr. Lackritz is denied. (Dkt # 51 ). The Motion to Dismiss filed by Defendants (Dkt # 7 ) and the Motion for Judgment on the Pleadings filed by Defendants (Dkt # 8 ) are denied without prejudice as moot. This action is remanded back to the Superior Court of California, County of San Diego, where it was originally filed. Signed by Judge William Q. Hayes on 3/23/2017. (Certified copy: Calif. Superior Court, San Diego County) (mdc)
September 15, 2016 Opinion or Order Filing 21 ORDER: The Motion to Remand (Dkt # 12 ) will remain pending during the period of jurisdictional discovery. The court will allow the parties a period of 60 days to engage in limited jurisdictional discovery regarding the amount in controversy require ment and the CAFA exceptions. The parties shall file any supplemental responses within 90 days of this Order, and any replies shall be filed within 14 days of any supplemental response. Any discovery disputes will be resolved by the Magistrate Judge. Signed by Judge William Q. Hayes on 9/15/2016. (mdc)
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Plaintiff: Tiffany Brinkley
Represented By: Patrick N. Keegan
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Defendant: Monterey Financial Services, Inc.
Represented By: Matthew Orr
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Defendant: DOE No. 1 Monterey Financial Services, LLC
Represented By: Matthew Orr
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Defendant: DOES 1 through 100
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