Preview
170V321207 on 4/14/2020 11:24 AM
Santa Clara — Civil Reviewed By: R. Burciaga
Envelope: 4251574 R. Burciaga
Stuart B. Wolfe (SBN 156471)
sbwolfe@ww.law
Jonathan C. Cahill (SBN 287260)
jecahill@ww.law
WOLFE & WYMAN LLP
980 Ninth Street, Suite 1750
Sacramento, CA 95814
Telephone: (916) 912-4700
Facsimile: (916) 329-8905
Attorneys for Defendant
DITECH Financial LLC formerly known as
BALA.
GREEN TREE SERVICING, LLC
az 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
as
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11 FOR THE COUNTY OF SANTA CLARA
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22 JAWDAT LAHLOUH, NISREEN LAHLOUH. Case No. 17CV321207
13
be Plaintiffs.
We 14
La
jz STIPULATION REGARDING NON-
Oo 15 Vv. OPPOSITION TO PLAINTIFFS’
3% 16
MOTION FOR LEAVE TO AMEND
DITECH FINANCIAL, LLC, a successor entity COMPLAINT AND [PROPOSED] ORDER
to GREEN TREE SERVICING, LLP.
17 COUNTRYWIDE HOME LOANS, INC. Date: May 26, 2020
BANK OF AMERICA, N.A.., DOES 1 through
18 Time: 9:00 AM
100, inclusive Dept: 21
7
Defendants.
20
21 Complaint Filed: January 8, 2018
22 TO THE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that Plaintiffs and Defendant DITECH FINANCIAL LLC fka
24 GREEN TREE SERVICING, LLC (“Ditech”) hereby respectfully submit this Stipulation regarding
25 Non-Opposition to Plaintiff's Motion for Leave to Amend Complaint.
26 WHEREAS, Plaintiffs have agreed to dismiss Ditech from this action as set forth below.
27 WHEREAS, Plaintiffs have made a motion to amend the complaint (the “Motion for Leave to
28
1
STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
[PLAINT AND [PROPOSED] ORD
3621847.1
Amend”) which would dismiss Ditech from the action and add NewRez LLC as a defendant
NOW THEREFORE, Ditech and Plaintiffs stipulate as follows
1 If Plaintiffs’ Motion for Leave to Amend is denied, Plaintiffs will, within ten court days of
the denial, dismiss all claims against Ditech:
2. Accordingly, Ditech agrees not to take a position on Plaintiff's Motion for Leave to Amend.
IT IS SO STIPULATED
DATED: April 14, 2020 WOLFE & WYMAN LLP
By.
Yé- CL fe
STUA Uppa!
B. WOLFE
10 JO THAN C. CAHILL
az
5 Attorneys for Defendant
a. 11 DITECH Financial LLC formerly known as
Zo GREEN TREE SERVICING, LLC
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16 B
WILLIAM B. LOOK, JR.
17 Attorneys for Plaintiffs
18 JAWDAT LAHLOUH., NISREEN LAHLOUH
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STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
[PLAINT AND [PROPOSED] ORD
3621847.1
Amend”) which would dismiss Ditech from the action and add NewRez LLC as a defendant.
NOW THEREFORE, Ditech and Plaintiffs stipulate as follows:
1 If Plaintiffs’ Motion for Leave to Amend is denied, Plaintiffs will, within ten court days of
the denial, dismiss all claims against Ditech:
2. Accordingly, Ditech agrees not to take a position on Plaintiff's Motion for Leave to Amend.
IT IS SO STIPULATED.
DATED: April 2020 WOLFE & WYMAN LLP
By.
STUART B. WOLFE
10 JONATHAN C. CAHILL
Attorneys for Defendant
11 DITECH Financial LLC formerly known as
GREEN TREE SERVICING, LLC
12
13
a ey
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15 DATED: April 13, 2020
16 B
WILLIAMB. LOOK, JR.
17 Attorneys for Plaintiffs
18 JAWDAT LAHLOUH. NISREEN LAHLOUH
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STIPULATION REGARDING NON OFFOSTTION TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
/PLAINT AND [PROPOSED] ORD!
3606399.1
ORDER
The Court, having considered the Stipulation of the parties, and other good cause appearing,
the Stipulation is adopted as the Order of the Court.
Dated AWM
JUDGE OF THE SUPERIOR COURT
az 10
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a. 11
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tS 12
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STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
[PLAINT AND [PROPOSED] ORD
3621847.1
PROOF OF SERVICE
STATE OF CALIFORNIA )
SS.
COUNTY OF SACRAMENTO )
I, Debra Barsetti, am employed in the County of Sacramento, State of California. I am over the age
of 18 and not a party to the within action. My business address is 980 9" Street, Suite 1750,
Sacramento, California 95814-2716.
On April 14, 2020, I served the document(s) described as: STIPULATION REGARDING NON-
OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT AND
[PROPOSED] ORDER on all interested parties in said action by placing a true copy thereofin a
sealed envelope addressed as stated on the ATTACHED SERVICE LIST.
x BY MAIL: as follows:
10 4 STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection
and processing correspondence for mailing. Under that practice it would be deposited with
11 the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento,
California, in the ordinary course of business. I am aware that on motion of party served,
12 service is presumed invalid if postal cancellation date or postage meter date is more than one
(1) day after date of deposit for mailing in affidavit.
13
BY ELECTRONIC ACCESS Pursuant to the Federal Electronic Filing Court Order, I
14 hereby certify that the above document(s) was/were uploaded and will be posted on the
website by the close of the next business day and the webmaster will give e-mail
15 notification to all parties.
16 BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be
delivered by overnight courier service to the offices of the addressee. The envelope was
17 deposited in or with a facility regularly maintained by the overnight courier service with
delivery fees paid or provided for.
18
19 STATE I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
20
21 Executed on April 14, 2020, at Sacramento, California.
22 //ss Debra Barsetti
Debra Barsetti
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3024972.1
SERVICE LIST
Santa Clara County Superior Court
LAHLOUH, ET AL. V DITECH, ET AL.
WEW File No. 1556-376
[Revised: 05/16/18]
William B. Look, Jr. Attorney for Plaintiffs
Attorney at Law
Post Office Box 1381
Monterey, CA 93942 Tel: (831) 372-1371
Email: look_mtr@yahoo.com
Will Aspinwall, Esq. Attorney for BANK OF AMERICA, N.A.
SEVERSON & WERSON
One Embarcadero Center, Suite 2600 Tel: (415) 398-3344
San Francisco, CA 94111 Email: waa@severson.com
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3024972.1
Preview
170V321207 on 4/14/2020 11:24 AM Santa Clara — Civil Reviewed By: R. Burciaga Envelope: 4251574 R. Burciaga Stuart B. Wolfe (SBN 156471) sbwolfe@ww.law Jonathan C. Cahill (SBN 287260) jecahill@ww.law WOLFE & WYMAN LLP 980 Ninth Street, Suite 1750 Sacramento, CA 95814 Telephone: (916) 912-4700 Facsimile: (916) 329-8905 Attorneys for Defendant DITECH Financial LLC formerly known as BALA. GREEN TREE SERVICING, LLC az 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA as 4. 11 FOR THE COUNTY OF SANTA CLARA Zo 5 12 22 JAWDAT LAHLOUH, NISREEN LAHLOUH. Case No. 17CV321207 13 be Plaintiffs. We 14 La jz STIPULATION REGARDING NON- Oo 15 Vv. OPPOSITION TO PLAINTIFFS’ 3% 16 MOTION FOR LEAVE TO AMEND DITECH FINANCIAL, LLC, a successor entity COMPLAINT AND [PROPOSED] ORDER to GREEN TREE SERVICING, LLP. 17 COUNTRYWIDE HOME LOANS, INC. Date: May 26, 2020 BANK OF AMERICA, N.A.., DOES 1 through 18 Time: 9:00 AM 100, inclusive Dept: 21 7 Defendants. 20 21 Complaint Filed: January 8, 2018 22 TO THE COURT, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that Plaintiffs and Defendant DITECH FINANCIAL LLC fka 24 GREEN TREE SERVICING, LLC (“Ditech”) hereby respectfully submit this Stipulation regarding 25 Non-Opposition to Plaintiff's Motion for Leave to Amend Complaint. 26 WHEREAS, Plaintiffs have agreed to dismiss Ditech from this action as set forth below. 27 WHEREAS, Plaintiffs have made a motion to amend the complaint (the “Motion for Leave to 28 1 STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND [PLAINT AND [PROPOSED] ORD 3621847.1 Amend”) which would dismiss Ditech from the action and add NewRez LLC as a defendant NOW THEREFORE, Ditech and Plaintiffs stipulate as follows 1 If Plaintiffs’ Motion for Leave to Amend is denied, Plaintiffs will, within ten court days of the denial, dismiss all claims against Ditech: 2. Accordingly, Ditech agrees not to take a position on Plaintiff's Motion for Leave to Amend. IT IS SO STIPULATED DATED: April 14, 2020 WOLFE & WYMAN LLP By. Yé- CL fe STUA Uppa! B. WOLFE 10 JO THAN C. CAHILL az 5 Attorneys for Defendant a. 11 DITECH Financial LLC formerly known as Zo GREEN TREE SERVICING, LLC tS 12 =i Q2 13 we. We 14 Lo jz Oo 15 DATED: April 2020 16 B WILLIAM B. LOOK, JR. 17 Attorneys for Plaintiffs 18 JAWDAT LAHLOUH., NISREEN LAHLOUH 19 20 21 22 23 24 25 26 27 28 2 STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND [PLAINT AND [PROPOSED] ORD 3621847.1 Amend”) which would dismiss Ditech from the action and add NewRez LLC as a defendant. NOW THEREFORE, Ditech and Plaintiffs stipulate as follows: 1 If Plaintiffs’ Motion for Leave to Amend is denied, Plaintiffs will, within ten court days of the denial, dismiss all claims against Ditech: 2. Accordingly, Ditech agrees not to take a position on Plaintiff's Motion for Leave to Amend. IT IS SO STIPULATED. DATED: April 2020 WOLFE & WYMAN LLP By. STUART B. WOLFE 10 JONATHAN C. CAHILL Attorneys for Defendant 11 DITECH Financial LLC formerly known as GREEN TREE SERVICING, LLC 12 13 a ey 14 15 DATED: April 13, 2020 16 B WILLIAMB. LOOK, JR. 17 Attorneys for Plaintiffs 18 JAWDAT LAHLOUH. NISREEN LAHLOUH 19 20 21 22 23 24 25 26 27 28 2 STIPULATION REGARDING NON OFFOSTTION TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND /PLAINT AND [PROPOSED] ORD! 3606399.1 ORDER The Court, having considered the Stipulation of the parties, and other good cause appearing, the Stipulation is adopted as the Order of the Court. Dated AWM JUDGE OF THE SUPERIOR COURT az 10 5 a. 11 Zo tS 12 =i Q2 13 we. We 14 Lo az Oo 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION REGARDING NON TOR TIGN TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND [PLAINT AND [PROPOSED] ORD 3621847.1 PROOF OF SERVICE STATE OF CALIFORNIA ) SS. COUNTY OF SACRAMENTO ) I, Debra Barsetti, am employed in the County of Sacramento, State of California. I am over the age of 18 and not a party to the within action. My business address is 980 9" Street, Suite 1750, Sacramento, California 95814-2716. On April 14, 2020, I served the document(s) described as: STIPULATION REGARDING NON- OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT AND [PROPOSED] ORDER on all interested parties in said action by placing a true copy thereofin a sealed envelope addressed as stated on the ATTACHED SERVICE LIST. x BY MAIL: as follows: 10 4 STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with 11 the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am aware that on motion of party served, 12 service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 13 BY ELECTRONIC ACCESS Pursuant to the Federal Electronic Filing Court Order, I 14 hereby certify that the above document(s) was/were uploaded and will be posted on the website by the close of the next business day and the webmaster will give e-mail 15 notification to all parties. 16 BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was 17 deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. 18 19 STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 20 21 Executed on April 14, 2020, at Sacramento, California. 22 //ss Debra Barsetti Debra Barsetti 23 24 25 26 27 28 3024972.1 SERVICE LIST Santa Clara County Superior Court LAHLOUH, ET AL. V DITECH, ET AL. WEW File No. 1556-376 [Revised: 05/16/18] William B. Look, Jr. Attorney for Plaintiffs Attorney at Law Post Office Box 1381 Monterey, CA 93942 Tel: (831) 372-1371 Email: look_mtr@yahoo.com Will Aspinwall, Esq. Attorney for BANK OF AMERICA, N.A. SEVERSON & WERSON One Embarcadero Center, Suite 2600 Tel: (415) 398-3344 San Francisco, CA 94111 Email: waa@severson.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3024972.1