Santana
Santana v. BSI Financial Services, Inc.
Opinion
Trial Court Opinion
Background 23 On June 15, 2020, Plaintiffs Irma Santana and Rafael Santana, (collectively 24 “Plaintiffs”), proceeding pro se, filed a complaint in San Diego County Superior Court 25 26 27 28 against Defendant BSI Financial Services, Inc. (“BSI”) , and U.S. Bank Trust National Association, as Trustee of The SCIG Series III Trust (“U.S. Bank”) (collectively “Defendants”) alleging eighteen causes of action arising from an alleged wrongful foreclosure of their home. (Dkt. No. 1-2, Compl.) The Complaint was removed to this Court on August 14, 2020. (Dkt. No. 1, Not. of Removal.) On October 20, 2020, the Court granted in part and denied in part Defendants’ motion to dismiss with leave to file a first amended complaint by November 13, 2020. (Dkt. No. 8 at 22.) However, the FAC was not filed until November 18, 2020. (Dkt. No. 11.) On November 19, 2020 Plaintiff Rafael Santana filed a motion for leave to electronically file documents which was granted on the same day. (Dkt. Nos. 9, 10.) On December 10, 2020, Defendants filed the instant motion to strike the FAC under Federal Rule of Civil Procedure (“Rule”) 12(f) and 15(a)2 as untimely…