Munoz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EFRAIN MUNOZ, individually and on behalf of all others similarly situated, et al., No. 1:08-cv-00759-MMB-BAM 6 Plaintiffs, ORDER RESPECTING DEFENDANTS’ MOTION v. IN LIMINE #1 10 PHH MORTGAGE CORPORATION, et al., 13 Defendants. Defendants’ first motion in limine (ECF 469) seeks an order “on the ap- propriate method for calculating and proving damages.” ECF 469, cover page. They raise two issues that are relevant for present purposes: (1) whether dam- ages in a RESPA case are limited to the amounts individual class members paid themselves for improper “settlement services,” as that term is used in the statute, or whether damages may include all amounts paid for the settlement services regardless of who paid those amounts (i.e., including amounts paid by someone else on behalf of a class member); and (2) whether any damages cal- culation should be reduced (“offset”) by any…