Gonzales v. CitiMortgage, Inc.

Filing 25

ORDER Re Supplemental Briefing on Plaintiffs' Request for Preliminary Injunction (emclc2, COURT STAFF) (Filed on 10/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIZABETH GONZALES,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-14-4059 EMC

CITIMORTGAGE, INC, et al.,

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ORDER RE SUPPLEMENTAL
BRIEFING ON PLAINTIFF'S REQUEST
FOR PRELIMINARY INJUNCTION

Defendants.
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On September 12, 2014, this Court issued a temporary restraining order and an order to show

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cause why a preliminary injunction should not issue in this case. Dkt. No. 15. In its response to the

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order to show cause, Defendant argued that Plaintiff had failed to show a likelihood of prevailing on

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her claim under California Civil Code § 2923.6 because Plaintiff had failed to submit a complete

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loan modification application. Dkt. No. 19, at 5.

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In its motion to dismiss, Defendant raised an additional argument against Plaintiff’s § 2923.6

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claim – that under Cal. Civil Code § 2923.6(g), it was not required to evaluate Plaintiff’s loan

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modification application because she had already received loan modifications in the past. See Cal.

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Civil Code § 2923.6(g) (“[T]he mortgage servicer shall not be obligated to evaluate applications

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from borrowers who have already been evaluated or afforded a fair opportunity to be evaluated for a

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first lien loan modification prior to January 1, 2013 . . . unless there has been a material change in

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the borrower’s financial circumstances since the date of the borrower’s previous application and that

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change is documented by the borrower and submitted to the mortgage servicer.”).

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Plaintiff is hereby ORDERED to provide the Court a supplemental brief responding to

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Defendant’s § 2923.6(g) argument. This supplemental brief shall not exceed 5 pages in length and

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shall be filed by 3:00pm, Wednesday, October 8, 2014. No reply brief shall be filed.

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IT IS SO ORDERED.

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Dated: October 6, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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