Sheng v. Select Portfolio Servicing, Inc. et al

Filing 38

ORDER signed by District Judge John A. Mendez on 3/17/17 ORDERING that Defendants' MOTION for Summary Judgment is GRANTED in its entirety. The Clerk of the Court is hereby ordered to enter Judgment in SPS's favor, against Plaintiff Hsin-Shawn C. Sheng. CASE CLOSED. (Mena-Sanchez, L)

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THOMAS A. WOODS (SB #210050)
[e-mail]
BAO M. VU (SB #277970)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Select Portfolio Servicing, Inc.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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HSIN-SHAWN C. SHENG,

Case No. 2:15-CV-0255- JAM-KJN

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Plaintiff,
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v.
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ORDER GRANTING DEFENDANT
SELECT PORTFOLIO SERVICING,
INC.’S MOTION FOR SUMMARY
JUDGMENT

SELECT PORTFOLIO SERVICING, INC.,
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Defendants.
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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

[PROPOSED] ORDER GRANTING DEFENDANT
SELECT PORTFOLIO SERVICING, INC.’S
MOTION FOR SUMMARY JUDGMENT
91256439.1 0052161-02213

2:15-CV-0255-JAM-KJN

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ORDER
Defendant Select Portfolio Servicing, Inc.’s (“SPS”) Motion for Summary Judgment came

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on for hearing before this Court on February 21, 2017, at 1:30 p.m. in Department 6 before the

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Honorable John A. Mendez. All appearances were noted in the Court record.

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The Court, having reviewed the Motion for Summary Judgment moving and opposition

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papers, and having considered the arguments of counsel, hereby GRANTS the Motion for

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Summary Judgment for the following reasons stated on the record:

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“THE COURT: All right. The matter having been submitted to the

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Court, the Court is prepared to enter a summary judgment in favor of the

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defendants on both claims that are remaining on the HBOR claim. The

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Court finds that, as a matter of law, the plaintiff has not created a triable

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issue of fact as to the necessary element of harm or damages. And, as a

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matter of law, the Court concludes that she cannot go forward with the

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claim, and that she has not demonstrated sufficient harm.

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There is not, again, even sufficient evidence that there is a genuine

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issue of material fact as to her ability to establish harm, prejudice, or

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damage that's necessary to maintain her HBOR claim.

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On the negligence claim, the Court reaches the same conclusion

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that, as a matter of law, there is no basis for submitting this claim to the

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jury given that plaintiff has not and cannot marshal[] any evidence

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whatsoever of the type of harm or damages that would be awardable under

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a negligence claim.

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She has not paid any fees or mortgage on this home since 2009.

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She has not suffered, in any way, any monetary damages. In fact, the

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undisputed facts clearly show that she in many ways has benefited from

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seven years of no mortgage payments.

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She still has the house. There's been no foreclosure on the house.

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She's also failed to show any physical manifestation of any alleged stress

S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

[PROPOSED] ORDER GRANTING DEFENDANT
SELECT PORTFOLIO SERVICING, INC.’S
MOTION FOR SUMMARY JUDGMENT
91256439.1 0052161-02213

-1-

2:15-CV-0255-JAM-KJN

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regarding her interactions with SPS. And, again, having to retain and hire

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a lawyer is not a recoverable damage in a negligence claim.

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Given that she's failed to demonstrate that SPS has damaged her, none

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of her claims can, as a matter of law, go to the jury, and the Court grants

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summary judgment in full for the defendants.”

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ACCORDINGLY, IT IS HEREBY ORDERED that:

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Defendants’ Motion for Summary Judgment is GRANTED in its entirety. The

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Clerk of the Court is hereby ordered to enter Judgment in SPS’s favor, against Plaintiff Hsin-

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Shawn C. Sheng.

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IT IS SO ORDERED.

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Dated: 3/17/2017

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/s/ John A. Mendez____________
United States District Court Judge

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

PROPOSED] ORDER GRANTING DEFENDANT
SELECT PORTFOLIO SERVICING, INC.’S
MOTION FOR SUMMARY JUDGMENT
91256439.1 0052161-02213

-2-

2:15-CV-0255-JAM-KJN