On February 25, 2020 a
Order
was filed
involving a dispute between
Gayeva Natalie,
and
Quality Loan Services Corporation,
Select Portfolio Servicing Inc,
The Bank Of New York Mellon As Succesor Trustee F B O Holders Of Structured Asset Mortgage Investments Ii Inc Bear Stearns Alt-A Trust 2006-2 Mortgage Pass-Through Certificates Series 2006-2,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 78
20STCV07282 July 17, 2020
NATALIE GAYEVA vs SELECT PORTFOLIO SERVICING 1:52 PM
INC, et al.
Judge: Honorable Robert S. Draper CSR: None
Judicial Assistant: P. Salcido ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Ruling on Submitted Matter
The Court, having taken the matter under submission on 07/15/2020, now rules as follows:
Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o
Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2’s
Demurrer to the Complaint is SUSTAINED with leave to amend.
Plaintiff Natalie Gayeva’s Application for a Temporary Restraining Order re: Preliminary and
Permanent Injunction Enjoining Defendants’ Foreclosure Sale set for March 24, 2020 is
GRANTED for 30 days, to August 10. 2020. An OSC re preliminary injunction is scheduled for
Augut 10, 2020; Plaintiff to file a supplemental brief for a preliminary injunction by July 24,
2020 Select and BNYM to file a supplementary response by August 5, 2020.
FACTUAL BACKGROUND
This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject
property (the “Property”) via quitclaim deed from Michael Finazzo, and recorded the transfer.
(Compl. ¶ 4.) Gayeva sought a loan modification on the mortgage in late 2018/2019. (Compl. ¶
10.) On or about January 30, 2020, Defendant Select Portfolio Servicing, Inc. (“Select”) through
its trustee Quality Loan Service Corporation Inc. (“Quality Loan”) served and recorded a Notice
of Trustee Sale, with a sale date of March 24, 2020. (Compl. ¶ 12.) Gayeva alleges that she did
not receive sufficient notice of the sale and that Defendants are foreclosing despite an incomplete
modification of the loan. (Compl. ¶ 13.)
PROCEDURAL HISTORY
On February 25, 2020, Gayeva filed the Complaint, alleging three causes of action:
Minute Order Page 1 of 6
Document Filed Date
July 17, 2020
Case Filing Date
February 25, 2020
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 08/20/2020
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 78 20STCV07282 July 17, 2020 NATALIE GAYEVA vs SELECT PORTFOLIO SERVICING 1:52 PM INC, et al. Judge: Honorable Robert S. Draper CSR: None Judicial Assistant: P. Salcido ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Ruling on Submitted Matter The Court, having taken the matter under submission on 07/15/2020, now rules as follows: Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2’s Demurrer to the Complaint is SUSTAINED with leave to amend. Plaintiff Natalie Gayeva’s Application for a Temporary Restraining Order re: Preliminary and Permanent Injunction Enjoining Defendants’ Foreclosure Sale set for March 24, 2020 is GRANTED for 30 days, to August 10. 2020. An OSC re preliminary injunction is scheduled for Augut 10, 2020; Plaintiff to file a supplemental brief for a preliminary injunction by July 24, 2020 Select and BNYM to file a supplementary response by August 5, 2020. FACTUAL BACKGROUND This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject property (the “Property”) via quitclaim deed from Michael Finazzo, and recorded the transfer. (Compl. ¶ 4.) Gayeva sought a loan modification on the mortgage in late 2018/2019. (Compl. ¶ 10.) On or about January 30, 2020, Defendant Select Portfolio Servicing, Inc. (“Select”) through its trustee Quality Loan Service Corporation Inc. (“Quality Loan”) served and recorded a Notice of Trustee Sale, with a sale date of March 24, 2020. (Compl. ¶ 12.) Gayeva alleges that she did not receive sufficient notice of the sale and that Defendants are foreclosing despite an incomplete modification of the loan. (Compl. ¶ 13.) PROCEDURAL HISTORY On February 25, 2020, Gayeva filed the Complaint, alleging three causes of action: Minute Order Page 1 of 6