Madariaga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREEDOM MORTGAGE No. 2:19-cv-2432 MCE DB PS

CORPORATION,

12 Plaintiff, FINDINGS AND RECOMMENDATIONS v. CHRISTINA MADARIAGA, and SIELA

MADARIAGA,

16 Defendants. 18 Defendant Christina Madariaga is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). (ECF No. 11.) Pending before the undersigned is plaintiff’s motion for summary judgment. (ECF No. 56.) For the reason explained below, the undersigned recommends that plaintiff’s motion for summary judgment be denied. BACKGROUND Plaintiff Freedom Mortgage Corporation (“FMC”) commenced this action on December 4, 2019, by filing a complaint and paying the applicable filing fee. The complaint alleges that on 27 1 Defendant Siela Madariaga has not appeared in this action and the Clerk entered defendant’s default on June 18, 2020. (ECF No. 17.) 1 …