Rodriguez
Rodriguez v. Countrywide Homes
Opinion
Opinion
Beck, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION AS TO THE FIRST AND SECOND CAUSES OF ACTION (Document 34)
ORDER REQUIRING PLAINTIFFS TO FILE DISMISSAL DOCUMENTS AS TO THE THIRD AND FOURTH CAUSES OF ACTION
Defendant Countrywide Home Loans, Inc. (“Countrywide”) filed the instant motion for summary judgment, or summary adjudication in the alternative, on September 11, 2009. The matter was heard on October 30, 2009, before the Honorable Dennis L. Beck, United States Magistrate Judge. Nafíz Cekirge appeared on behalf of Countrywide. Kimberly Mayhew appeared for Plaintiffs Leonel Rodriguez and Maria Del Carmen Soto (“Plaintiffs”).
BACKGROUND
Plaintiffs filed the instant complaint in the Fresno County Superior Court on May 14, 2008. The action was removed to this Court on June 19, 2008. Plaintiffs named Countrywide, Litton Loan Servicing Inc. (“Litton”), and Mortgage Electronic Registration System, Inc. (“MILA”) as Defendants, and allege causes of action for (1) violation of the Real Estate Settlement Procedure Act (“REPSA”), 12 U.S.C. § 2601 , et seq.; (2) violation of California Civil Code section 2937; (3) wrongful foreclosure; and (4) violation of California Business…