Weber et al v. PNC Bank, N.A. et al

Filing 46

ORDER signed by District Judge Troy L. Nunley on 6/16/14 DENYING the 44 Motion for Summary Judgment as moot; Second Amended Complaint due within 5 days. The California Civil Code § 2923.5 claim is DISMISSED with prejudice. (Manzer, C)

CAMERON D. BORDNER, ESQ. (236312)
[e-mail]
2 MOLSBY & BORDNER, LLP
10280 Donner Pass Road
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Truckee, CA 96161
4 Tel: [phone]
Fax: [phone]
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ROBIN D. SHOFNER, ESQ. (272552)
[e-mail]
7 MOLSBY & BORDNER, LLP
1830 15th Street, Suite 100
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Sacramento, CA 95811
9 Tel: [phone]
Fax: [phone]
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Molsby & Bordner, LLP

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Attorneys for Plaintiffs:
THOMAS A. WEBER; and
BELINDA G. WEBER

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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THOMAS A. WEBER and BELINDA G. )
WEBER,
)
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Plaintiffs,
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v.
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PNC BANK, N.A.; HSBC BANK, U.S.A., )
N.A.; and DOES 1 to 100, inclusive,
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Defendants.
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___________________________________)

Case No.: 2:13-cv-00298-TLN-CKD
STIPULATION FOR FILING OF SECOND
AMENDED COMPLAINT, DISMISSAL OF
CAL. CIV. CODE § 2923.5 CLAIM, AND
REMOVAL OF MOTION FOR SUMMARY
JUDGMENT HEARING FROM
CALENDAR; ORDER
Removed:

February 15, 2013

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JOINT STIPULATION

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Plaintiffs THOMAS A. WEBER and BELINDA G. WEBER (collectively “Plaintiffs”)

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and Defendants PNC BANK, N.A. and HSBC BANK U.S.A., N.A. as Trustee for Luminent
____________________________________________________________________________________________
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STIP. FOR FILING OF SAC, DISMISSAL OF CAL. CIV. CODE § 2923.5 CLAIM, AND REMOVAL OF
MSJ HEARING FROM CALENDAR; ORDER

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Mortgage Trust 2007-2 (collectively, “Defendants”), (collectively “the Parties”) by and through

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their counsel of record, hereby stipulate as follows:

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1.

Plaintiffs filed their Complaint on January 14, 2013, in Placer County Superior

Court, Case No.: SCV0032361;
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The underlying issue of this action is the potential foreclosure of the subject

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property located at 8972 Bronson Drive, Granite Bay, California 95746 (the “Subject

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Property”).

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Molsby & Bordner, LLP

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3.

On February 15, 2013, Defendants filed a Notice of Removal of Action with the

United States District Court, Eastern District of California (Sacramento Division) and the
above-mentioned case was assigned Case No.: 2:13-cv-00298-GEB-CKD.
4.

On May 30, 2014 Defendants filed a Motion for Summary Judgment to be heard

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on July 3, 2014. The Motion for Summary Judgment addressed Plaintiffs’ sole claim for

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violation of California Civil Code § 2923.5.

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5.

Plaintiffs seek to file a Second Amended Complaint (SAC) based on allegations

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that Defendants violated various California statutes in connection with the modification and

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appeal review process for the Subject Loan. These purported violations occurred in May 2014.

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(A true and correct copy of the SAC is attached as Exhibit 1.) The SAC no longer contains a

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cause of action for violation of California Civil Code § 2923.5, which Plaintiffs seek to dismiss

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with prejudice. (Id.)

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6.

Defendants deny all allegations within the SAC but desire to have all matters

between the Parties litigated fully in the present case.
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The Parties agree by and between their respective attorneys of record that

Plaintiff may file the SAC attached hereto as Exhibit 1.
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The Parties agree by and between their respective attorneys of record that the

California Civil Code § 2923.5 claim will be dismissed with prejudice.
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The Parties agree by and between their respective attorneys of record that the

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Motion for Summary Judgment hearing will be rendered moot and should be removed from the

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Court’s calendar.
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STIP. FOR FILING OF SAC, DISMISSAL OF CAL. CIV. CODE § 2923.5 CLAIM, AND REMOVAL OF
MSJ HEARING FROM CALENDAR; ORDER

10.

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This stipulation will not result in prejudice to any party and its impact on judicial

proceedings is not expected to be significant.
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Nothing in this stipulation shall constitute a waiver of any arguments or defenses

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that Plaintiffs or Defendants may wish to assert in their pleadings, all of which are expressly

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reserved.

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IT IS HEREBY STIPULATED by and between the parties hereto through their

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respective attorneys of record that Plaintiffs may file a Second Amended Complaint, a copy of

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which is attached hereto as Exhibit 1, the California Civil Code § 2923.5 claim is dismissed

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with prejudice and the pending Motion for Summary Judgment is moot and should be removed

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from the Court’s calendar.
IT IS SO STIPULATED.

Molsby & Bordner, LLP

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Dated: June 16, 2014

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MOLSBY & BORDNER, LLP
/s/ Robin D. Shofner
Robin D. Shofner, Esq.
Attorney for Plaintiffs
THOMAS A. WEBER and BELINDA G. WEBER

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Dated: June 16, 2014

WOLFE & WYMAN LLP

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/s/ Andrew A. Bao
Andrew A. Bao, Esq.
Heather S. Kim, Esq.
Attorneys for Defendant
PNC BANK, N.A., and HSBC BANK, U.S.A.,
N.A.; as Trustee for Luminent Mortgage Trust
2007-2 (erroneously sued as “HSBC BANK,
U.S.A., N.A.”)

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///

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///

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///

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///
____________________________________________________________________________________________
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STIP. FOR FILING OF SAC, DISMISSAL OF CAL. CIV. CODE § 2923.5 CLAIM, AND REMOVAL OF
MSJ HEARING FROM CALENDAR; ORDER

ORDER

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The Court having considered the foregoing stipulation, and good cause appearing, IT IS
HEREBY ORDERED that:
Plaintiffs may file a Second Amended Complaint, a copy of which is attached hereto as

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Exhibit 1, within five (5) days of this Order, the California Civil Code § 2923.5 claim is

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dismissed with prejudice and the pending Motion for Summary Judgment is moot and will be

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removed from the Court’s calendar.

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IT IS SO ORDERED.

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Molsby & Bordner, LLP

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Dated: June 16, 2014

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Troy L. Nunley
United States District Judge

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STIP. FOR FILING OF SAC, DISMISSAL OF CAL. CIV. CODE § 2923.5 CLAIM, AND REMOVAL OF
MSJ HEARING FROM CALENDAR; ORDER