Case Number:
22PSCV02903
Hearing Date:
December 4, 2023
Dept:
O
Tentative Ruling
Defendants U.S. Bank, N.A., As Trustee for Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2006-2, PHH Mortgage Corporation (sued in its own right and as a successor to Ocwen Loan Servicing, LLC), NewRez, LLC, and Western Progressive LLC (together, the Defendants) DEMURRER to Plaintiffs SAC is SUSTAINED in part (i.e., as to the 2
nd
-4
th
COAs) and OVERRULED in part (i.e., as to 1
st
and 5
th
COAs).
Leave to amend is DENIED
as Plaintiff has had ample opportunity to amend the complaint(s).
Background
This case pertains to a foreclosure. Plaintiff Jerome Kern alleges that Defendants repeatedly mishandled Plaintiffs mortgage. For approximately two and a half years, Defendant Ocwen attempted to collect thousands of dollars in unlawful fees that supposedly accrued when Plaintiff did not even own or occupy the property. (SAC p. 2.) And when
Hearing Date
December 04, 2023
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Case Number:
22PSCV02903
Hearing Date:
December 4, 2023
Dept:
O
Tentative Ruling
Defendants U.S. Bank, N.A., As Trustee for Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2006-2, PHH Mortgage Corporation (sued in its own right and as a successor to Ocwen Loan Servicing, LLC), NewRez, LLC, and Western Progressive LLC (together, the Defendants) DEMURRER to Plaintiffs SAC is SUSTAINED in part (i.e., as to the 2
nd
-4
th
COAs) and OVERRULED in part (i.e., as to 1
st
and 5
th
COAs).
Leave to amend is DENIED
as Plaintiff has had ample opportunity to amend the complaint(s).
Background
This case pertains to a foreclosure. Plaintiff Jerome Kern alleges that Defendants repeatedly mishandled Plaintiffs mortgage. For approximately two and a half years, Defendant Ocwen attempted to collect thousands of dollars in unlawful fees that supposedly accrued when Plaintiff did not even own or occupy the property. (SAC p. 2.) And when