Cornejo

Cornejo v. Ocwen Loan Servicing, LLC

Good Law
151 F. Supp. 3d 1102·2015 WL 9268690·2015 U.S. Dist. LEXIS 170399
United States District Court, Eastern District of CaliforniaDecember 21, 2015Case No.: 1:15-cv-00993-JLTCalifornia7,009 words

Opinion

Lead Opinion

Thurston, J.

ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiffs Frank Cornejo and Dora Cor-nejo assert Defendants — including Ocwen Loan Servicing, .LLC; U.S. Bank, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-RF3; and Western Progressive Trustee, LLC d/b/a Western Progressive, LLC — are liable for violations-of California law for actions taken during the foreclosure of their home.

Defendants seek judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Doc. 11) Plaintiffs oppose the motion, arguing the factual allegations, assumed as true, are sufficient to support their claims for relief. (Doc. 13) The Court heard the oral arguments of the parties at a hearing on December 18, 2015.

Because Defendants demonstrate there is no dispute of fact related to several of Plaintiffs’ claims as discussed below, the motion for judgment on the pleadings is GRANTED IN PART,

I, Procedural History

Plaintiffs initiated this action by filing a complaint against Defendants in Kern County Superior Court in Case No. BCV-15-100047-SPC on May 14,…

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