Torliatt

Torliatt v. Ocwen Loan Servicing, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 14, 20213:19-cv-04303California3,645 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAWRENCE TORLIATT, Case No. 19-cv-04303-WHO

Plaintiff,

ORDER DENYING MOTION TO STAY

v. PENDING RESOLUTION OF APPEAL

IN RELATED CASE

OCWEN LOAN SERVICING, LLC, Re: Dkt. No. 111 Defendant.

12 In this action, plaintiff Lawrence Torliatt sues defendants Ocwen Loan Servicing, LLC (“Ocwen”) and PHH Mortgage Corporation (collectively “PHH”), alleging that they violated the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”) and the California Unfair Competition Law (“UCL”) by charging “pay-to-pay” convenience fees for paying his mortgage payments online or over the phone. This case is well underway with fact discovery complete, expert discovery nearly complete, and Torliatt’s class certification motion filed and set to be heard on September 22, 2021. Before me is PHH’s motion to stay proceedings pending the Ninth Circuit’s resolution of Thomas-Lawson v. Carrington Mortg. Servs., LLC (“Carrington”), No. 220CV07301ODWEX, 2021 WL…

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