Plascencia et al v. Lending 1st Mortgage et al

Filing 191

ORDER re 179 Defining Certified Classes. Signed by Judge Claudia Wilken on 10/16/2009. (cwlc2, COURT STAFF) (Filed on 10/16/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. LENDING 1st MORTGAGE, LENDING 1st MORTGAGE, LLC, EMC MORTGAGE CORPORATION, and DOES 1 through 10 inclusive, Defendants. / ARMANDO PLASCENCIA and MELANIA PLASCENCIA, individually and on behalf of all others similarly situated, Plaintiffs, No. C 07-04485 CW ORDER DEFINING CLASSES IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

This matter came before the Court upon motion by Plaintiffs ARMANDO PLASCENCIA and MELANIA PLASCENCIA for class certification, pursuant to Rule 23 of the Federal Rules of Civil Procedure; and the Court having reviewed all submissions of the parties; and having conducted a lengthy hearing on April 9, 2009; and for the reasons stated in its Order Granting in Part Plaintiffs' Motion for Class Certification issued August 21, 2009 [Doc. No. 178] which is fully incorporated by reference here; IT IS HEREBY ORDERED that Plaintiffs' motion for class certification pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, respecting their claims asserted under

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California's Unfair Competition Law (UCL), Cal. Bus. & Prof. Code §§ 17200, et seq., and under the California common law of fraud is GRANTED; and it is further ORDERED that the Class shall be defined as follows: UCL Claim: All individuals who, between August 29, 2003 and the date that Notice is mailed to the Class, have or have had a Monthly Option ARM loan that: (a) was originated by LENDING 1ST

MORTGAGE and then sold or owned by LENDING 1ST MORTGAGE or EMC MORTGAGE CORPORATION; (b) was secured by real property in the United States; and (c) was originated or otherwise approved by Defendant LENDING 1st MORTGAGE within the State of California.

Common Law Fraud Claim: All individuals who, between August 29, 2003 and the date that Notice is mailed to the Class, have or have had a Monthly Option ARM loan that: (a) was originated by Lending First

and then sold or owned by LENDING 1st MORTGAGE or EMC MORTGAGE CORPORATION; (b) was secured by real property in the United States; and (c) was originated or otherwise approved by Defendant LENDING 1st MORTGAGE within the State of California.

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It is further ORDERED that Plaintiffs ARMANDO PLASCENCIA and MELANIA PLASCENCIA are appointed representatives of the abovereferenced Class; and that the law firms of Smoger & Associates, Arborgast & Berns LLP, Seeger Weiss LLP, and Williams Cuker Berezofsky are appointed as Class Counsel.

IT IS SO ORDERED.

Dated: October 16, 2009

CLAUDIA WILKEN United States District Judge

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