Harry
Harry v. Merril Lynch Credit Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
9 HERBERT S. HARRY, et al., Case No.: 19cv2289-LAB (BGS) 10 Plaintiffs,
ORDER GRANTING MOTION TO
11 v. DISMISS [Dkt. 3]; MERRILL LYNCH CREDIT SERVICES,
ORDER RE: SERVICE
et al., 13 Defendants. 1 14
Plaintiffs Herbert and Karen Harry originally brought this suit in San Diego County 16 Superior Court on October 23, 2019. Their complaint alleges various causes of action 17 against the defendants—all financial-services companies—related to the servicing and 18 refinancing of Plaintiffs’ mortgage. On December 2, 2019, Defendant PHH Mortgage removed the case to this Court and then moved to dismiss Plaintiffs’ complaint. A hearing on that motion was set for February 3, 2020. Plaintiffs did not file a timely opposition to PHH’s motion, so, on January 28, 2020, the Court vacated the hearing and instructed Plaintiffs to file an opposition (or notice of non-opposition) within one week. The Court specifically cautioned that “[f]ailure to file an opposition will be deemed consent to the motion…