On August 10, 2018 a
Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE TO PLAINTIFF'S...)
was filed
involving a dispute between
Dinsmore Marilyn,
and
Ocwen Loan Servicing,
Onewest Bank A Division Of Cit Bank N.A. A Delaware Corporation And National Banking Association,
U.S. Bank National Association As Trustee,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
North Central District, Burbank Courthouse, Department A
EC069124 January 17, 2020
MARILYN DINSMORE VS OCWEN LOAN SERVICING, ET 8:30 AM
AL.
Judge: Honorable William D. Stewart CSR: None
Judicial Assistant: R. Hernandez ERM: None
Courtroom Assistant: D. Carroll Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): September J Katje , Esq.(X)
For Defendant(s): Eric Donald Houser by: Jeffrey S. Allison, Esq.(X/CC)
NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike to Plaintiff's
Third Amended Complaint Filed by Ocwen Loan Servicing, LLC and U.S. Bank Association, et.
al.; Case Management Conference
COURT'S TENTATIVE RULING: The Court's tentative ruling is published to parties by posting
on the Court's website on the internet as follows:
MP: Defendants Ocwen Loan Servicing, LLC; US National Association, as Trustee for Lehman
XS Trust Mortgage Pass-Through Certificated Series 220-2N
RP: Plaintiff Marilyn Dinsmore
ALLEGATIONS:
The instant action arises from a revised loan modification agreement wherein Plaintiff Marilyn
Dinsmore (“Plaintiff”) and Defendants modified an existing modification agreement that
Plaintiff and Defendants CIT Bank, N.A. (then OneWest) (“CIT”), US National Association, as
Trustee for Lehman XS Trust Mortgage Pass-Through Certificated Series 220-2N (“USBA”),
and Ocwen Loan Servicing, LLC (“Ocwen” and collectively the “Defendants”) entered into on
or about June 2014.
In Plaintiff’s initial, August 10, 2018, Complaint, she alleged five (5) causes of action for: (1)
Violations of Civil Code, §2923.5; (2) Violations of Civil Code, §2923.6(c); (3) Violations of
Civil Code, §2924(a)(6); (4) Violations of Business & Professions Code, §17200 et seq.; and (5)
Declaratory Relief related to her ownership of 3869 Avenida Del Sol, Studio City, California,
91604 (the “Property”), and seeking to prevent foreclosure.
Following the filing of several demurrers, Plaintiff filed a First Amended Complaint (“FAC”)
that substantively modified the pleadings to allege five (5) causes of action sounding in (1)
Rescission (Unconscionability), (2) Rescission (Lack of Consideration), (3) Rescission
Minute Order Page 1 of 4
Document Filed Date
January 17, 2020
Case Filing Date
August 10, 2018
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division North Central District, Burbank Courthouse, Department A EC069124 January 17, 2020 MARILYN DINSMORE VS OCWEN LOAN SERVICING, ET 8:30 AM AL. Judge: Honorable William D. Stewart CSR: None Judicial Assistant: R. Hernandez ERM: None Courtroom Assistant: D. Carroll Deputy Sheriff: None APPEARANCES: For Plaintiff(s): September J Katje , Esq.(X) For Defendant(s): Eric Donald Houser by: Jeffrey S. Allison, Esq.(X/CC) NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike to Plaintiff's Third Amended Complaint Filed by Ocwen Loan Servicing, LLC and U.S. Bank Association, et. al.; Case Management Conference COURT'S TENTATIVE RULING: The Court's tentative ruling is published to parties by posting on the Court's website on the internet as follows: MP: Defendants Ocwen Loan Servicing, LLC; US National Association, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificated Series 220-2N RP: Plaintiff Marilyn Dinsmore ALLEGATIONS: The instant action arises from a revised loan modification agreement wherein Plaintiff Marilyn Dinsmore (“Plaintiff”) and Defendants modified an existing modification agreement that Plaintiff and Defendants CIT Bank, N.A. (then OneWest) (“CIT”), US National Association, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificated Series 220-2N (“USBA”), and Ocwen Loan Servicing, LLC (“Ocwen” and collectively the “Defendants”) entered into on or about June 2014. In Plaintiff’s initial, August 10, 2018, Complaint, she alleged five (5) causes of action for: (1) Violations of Civil Code, §2923.5; (2) Violations of Civil Code, §2923.6(c); (3) Violations of Civil Code, §2924(a)(6); (4) Violations of Business & Professions Code, §17200 et seq.; and (5) Declaratory Relief related to her ownership of 3869 Avenida Del Sol, Studio City, California, 91604 (the “Property”), and seeking to prevent foreclosure. Following the filing of several demurrers, Plaintiff filed a First Amended Complaint (“FAC”) that substantively modified the pleadings to allege five (5) causes of action sounding in (1) Rescission (Unconscionability), (2) Rescission (Lack of Consideration), (3) Rescission Minute Order Page 1 of 4