Bostwick

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division TIMOTHY BOSTWICK, et al., Case No. 21-cv-02560-LB

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART THE

v. DEFENDANTS’ MOTIONS TO

DISMISS

SN SERVICING CORPORATION, et al., Re: ECF Nos. 5, 15 Defendants. 16 INTRODUCTION In 2017, the plaintiffs — Timothy Bostwick and Michele Nessier, San Francisco residents who own a second home in Truckee, California — defaulted on a mortgage loan secured by the property.1 (A previous trustee —a non-party — initiated foreclosure proceedings, and ultimately rescinded them, in 2018.) In 2019, the plaintiffs sued defendant Seterus, Inc. (a previous loan servicer) in state court, claiming abusive debt-collection practices, in violation of California’s Rosenthal Act Fair Debt Collection Practices Act, Cal. Civ. Code §§ 1788–1788.33.2 In November 2020, SN Servicing (the 24

26 1 Notice of Default, Ex. 2 to Req.…