Cornejo et al v. Ocwen Loan Servicing, LLC et al

Filing 80

ORDER APPROVING 75 Stipulation to Dismiss: (1) Claim for Violation of Cal. Civ. Code § 2924.10; and (2) Claim for Violation of Cal. Civ. Code § 2923.6 as Against Western Progressive Trustee, LLC, dba Western Progressive LLC, signed by Magistrate Judge Jennifer L. Thurston on 10/19/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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FRANK CORNEJO, an individual; and DORA
CORNEJO, an individual;
Plaintiffs,

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v.
OCWEN LOAN SERVICING, LLC, a Delaware
limited liability company; U.S. BANCORP d/b/a
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR HOLDERS OF STRUCTURED
ASSET SECURITIES CORPORATION
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-RF3, a national
association; WESTERN PROGRESSIVE, LLC, a
Delaware limited liability company; and DOES 1
THROUGH 100, inclusive;

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Case No.: 1:15-cv-00993-JLT
ORDER APPROVING STIPULATION TO
DISMISS: (1) CLAIM FOR VIOLATION
OF CAL. CIV. CODE § 2924.10; AND (2)
CLAIM FOR VIOLATION OF CAL. CIV.
CODE § 2923.6 AS AGAINST WESTERN
PROGRESSIVE TRUSTEE, LLC, DBA
WESTERN PROGRESSIVE, LLC
(Doc. 75)

Defendants.

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The Court having considered the Stipulation to Dismiss: (1) Claim for Violation of Cal. Civ.

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Code § 2924.10; and (2) Claim for Violation of Cal. Civ. Code § 2923.6 as Against Western

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Progressive Trustee, LLC, dba Western Progressive, LLC (the “Stipulation”) entered into by and

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between defendants Ocwen Loan Servicing, LLC (“Ocwen”) and Western Progressive Trustee, LLC,

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dba Western Progressive, LLC (“Western Progressive”); and plaintiffs Frank Cornejo and Dora

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Cornejo (“Plaintiffs”), and good cause appearing therefor,
IT IS ORDERED that the Stipulation is APPROVED.

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CASE NO. 1:15-CV-00993-JLT
ORDER APPROVING STIPULATION TO DISMISS
SECTION 2924.10 CLAIM AND WESTERN PROGRESSIVE

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780717.1

IT IS FURTHER ORDERED that Plaintiffs’ cause of action for violation of Cal. Civ. Code

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§ 2924.10 is hereby dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiffs’ cause of action for violation of Cal. Civ. Code

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§ 2923.6 is hereby dismissed with prejudice as against Western Progressive.

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IT IS FURTHER ORDERED that the Stipulation in no way affects or limits the claims

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remaining against Ocwen and U.S. Bank National Association, as Trustee for the Holders of the

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Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-RF3

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(“U.S. Bank”) for alleged violations of Cal. Civ. Code § 2923.6 or the damages claimed against

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Ocwen and U.S. Bank for these alleged statutory violations.

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IT IS SO ORDERED.
Dated:

October 19, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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CASE NO. 1:15-CV-00993-JLT
ORDER APPROVING STIPULATION TO DISMISS
SECTION 2924.10 CLAIM AND WESTERN PROGRESSIVE

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780717.1