Roy Dandridge v. Select Portfolio Servicing, Inc.

I. Background

25 Plaintiffs Roy Dandridge and Debbie Dandridge (“Plaintiffs”) originally filed 26 this action in state court against Defendant Select Portfolio Servicing, Inc. (“SPS”), 27 raising four causes of action for: (1) violation of Cal. Civ. Code § 2923.6; (2) 28 violation of Cal. Civ. Code § 2923.7; (3) violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605, et seq. (“RESPA”); and (4) violation of Cal. Bus. & Prof. Code § 17200, et seq. See Docket No. 1-2. The lawsuit was removed to federal court. See Docket No. 1. On March 2, 2023, this Court granted SPS’s motion to dismiss Plaintiffs’ Second Amended Complaint (“SAC”) with leave to amend. See Docket No. 54. Plaintiffs filed a Third Amended Complaint (“TAC”), the current operative pleading, on March 27, 2023. See Docket No. 58. The TAC has five causes of action for: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) violation of California Civil Code § 2924c; (4) violation of RESPA; and (5) violation of Business & Professions Code § 17200, et seq. See id. Before the Court is SPS’s motion to dismiss the TAC (“Motion”…