Galindo

Galindo v. Ocwen Loan Servicing, LLC

Good Law
282 F. Supp. 3d 1193
United States District Court, Northern District of CaliforniaSeptember 29, 2017Case No. 17–CV–00021–LHKCalifornia4,192 words

Opinion

Lead Opinion

Koh, J.

Plaintiffs Cesar Galindo ("Galindo") and Maria Rivera ("Rivera") (collectively, "Plaintiffs"), bring suit against Defendant Ocwen Loan Servicing, LLC ("Defendant") for negligence and violation of California's Unfair Competition Law ("UCL"). See ECF No. 31 (First Amended Complaint, or "FAC"). Before the Court is Defendant's motion to dismiss. ECF No. 50 ("Def. Mot."). Pursuant to Civil Local Rule 7-1(b), the Court finds this matter suitable for decision without oral argument and accordingly VACATES the motion hearing set for October 5, 2017, at 1:30 p.m. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby GRANTS with prejudice in part and DENIES in part Defendant's motion to dismiss.

I. BACKGROUND

A. Factual Background

On September 26, 2006, Galindo borrowed $436,000 from Bank of America, N.A. ("BOA"), secured by a deed of trust encumbering property located at 3146 Barletta Lane in San Jose, CA (hereinafter, "the Property"). FAC, Ex. 1. ("Deed of Trust"). Rivera, the wife of Galindo, is not a borrower on the loan, but "is a joint owner of the Property." FAC ¶ 15. Plaintiffs defaulted on the loan on March 1, 2009. ECF…

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