The motion to dissolve the preliminary injunction, filed by defendant West Coast Servicing, Inc. ("West Coast"), is denied.
The motion for attorney's fees and costs, filed by plaintiff Lorena Gastelum, is granted. Plaintiff is awarded $6,124 in fees and costs.
Preliminary Matters
Plaintiff's and defendant's unopposed requests for judicial notice are granted. Plaintiff's objections to the declarations of Melissa Barrera and Nichole Williams are sustained for lack of foundation.
Discussion
Plaintiff filed suit against defendants West Coast and Zieve, Bordnax & Steele, LLP for wrongful foreclosure and improper debt collection. On November 30, 2018, the Court granted plaintiff's motion for a preliminary injunction. ROA # 38. Noting that there was a question as to whether the amounts stated in the notices of default and trustee's sale were accurate, the Court found that plaintiff established some possibility of prevailing on her claim that West Coast violated Civil Code section 2924.17
Hearing Date
June 13, 2019
Category
Civil - Unlimited
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The motion to dissolve the preliminary injunction, filed by defendant West Coast Servicing, Inc. ("West Coast"), is denied.
The motion for attorney's fees and costs, filed by plaintiff Lorena Gastelum, is granted. Plaintiff is awarded $6,124 in fees and costs.
Preliminary Matters
Plaintiff's and defendant's unopposed requests for judicial notice are granted. Plaintiff's objections to the declarations of Melissa Barrera and Nichole Williams are sustained for lack of foundation.
Discussion
Plaintiff filed suit against defendants West Coast and Zieve, Bordnax & Steele, LLP for wrongful foreclosure and improper debt collection. On November 30, 2018, the Court granted plaintiff's motion for a preliminary injunction. ROA # 38. Noting that there was a question as to whether the amounts stated in the notices of default and trustee's sale were accurate, the Court found that plaintiff established some possibility of prevailing on her claim that West Coast violated Civil Code section 2924.17