McGough v. Wells Fargo Bank, N.A. et al

Filing 105

ORDER for Supplemental Briefing by Defendants Meridian Foreclosure Service and OneWest Bank, FSB re 85 MOTION to Dismiss Second Amended Complaint filed by Wells Fargo Bank, N.A., 82 MOTION to Expunge Lis Pendens filed by One West Bank, FSB, U.S. Bank National Association, 83 MOTION to Dismiss Second Amended Complaint filed by One West Bank, FSB, U.S. Bank National Association, 89 MOTION to Dismiss Second Amended Complaint filed by Meridian Foreclosure Service. Signed by Judge Thelton E. Henderson on 09/20/2012. (tehlc1, COURT STAFF) (Filed on 9/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN P. MCGOUGH,

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Plaintiff,

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v.
WELLS FARGO BANK, N.A., et al.,

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Defendant.

For the Northern District of California

United States District Court

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NO. CR 12-0050 TEH
ORDER DIRECTING PLAINTIFF
AND DEFENDANTS MERIDIAN
FORECLOSURE SERVICE AND
ONEWEST BANK FSB TO
SUBMIT SUPPLEMENTAL
BRIEFING

On September 18, 2012, the Court vacated the hearing on Defendants’ motions to

12 dismiss that was scheduled for September 24, 2012. Although none of the parties have raised
13 the issue, it has come to the Court’s attention that recent amendments to the California Civil
14 Code may have some bearing on this case. Both of the parties addressed Cal. Civil Code
15 section 2924 in their arguments, and it is clear that section 2924(a) governs an essential issue
16 in Plaintiff’s complaint: whether the formal substitution of Meridian as Trustee was required
17 under California law as of the time Meridian recorded the Notice of Default against Plaintiff.
18 See SAC ¶123, Meridian’s Reply at 4. In particular, the newly enacted section 2924(a)(6)
19 appears to address precisely this question.
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Therefore, the Court instructs Plaintiff and Defendants Meridian and OneWest Bank

21 to submit supplemental briefing of up to five pages addressing exclusively the question of
22 what bearing, if any, the recent amendments have on the parties’ positions. They shall
23 submit such briefing on or before October 1st, 2012:
24 IT IS SO ORDERED.
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26 Dated: 9/20/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT