mitchell miller. Plaintiff, v. BAYVIEW LOAN SERVICING, LLC, et. al. Defendants.
Case No.: BC703835
Hearing Date: March 27, 2019
[TENTATIVE] order RE:
MOTION TO TAX COSTS
BACKGROUND
This is an action brought by Plaintiff Mitchell Miller (“Plaintiff”), against Defendants Bayview Loan Servicing LLC (“Bayview”); The Bank of New York Mellon as trustee for the alternative loan trust 2005-86CB (“BONY”); FCI Lender Services Inc; and 2005 Residential Trust 3-2 for alleged violations of the California Rosenthal Fair Debt Collections Act (“RFDCPA”). Plaintiff alleged five causes of action in the Complaint, filed on April 25, 2018. Plaintiff now alleges six causes of action in the First Amended Complaint (“FAC”): (1) violations of the RFDCPA; (2) violations of Cal. Civ. Code §2924.17 and §2924(a)(6); (3) unfair business practices; (4) cancellation of instruments; (5) negligent representation; and (6) intentional infliction of emotional distress.
On November 30, 2018 Defendants demurrer to t
Hearing Date
March 27, 2019
Type
Other Promissory Note/Collections Case (General Jurisdiction)
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mitchell miller. Plaintiff, v. BAYVIEW LOAN SERVICING, LLC, et. al. Defendants.
Case No.: BC703835
Hearing Date: March 27, 2019
[TENTATIVE] order RE:
MOTION TO TAX COSTS
BACKGROUND
This is an action brought by Plaintiff Mitchell Miller (“Plaintiff”), against Defendants Bayview Loan Servicing LLC (“Bayview”); The Bank of New York Mellon as trustee for the alternative loan trust 2005-86CB (“BONY”); FCI Lender Services Inc; and 2005 Residential Trust 3-2 for alleged violations of the California Rosenthal Fair Debt Collections Act (“RFDCPA”). Plaintiff alleged five causes of action in the Complaint, filed on April 25, 2018. Plaintiff now alleges six causes of action in the First Amended Complaint (“FAC”): (1) violations of the RFDCPA; (2) violations of Cal. Civ. Code §2924.17 and §2924(a)(6); (3) unfair business practices; (4) cancellation of instruments; (5) negligent representation; and (6) intentional infliction of emotional distress.
On November 30, 2018 Defendants demurrer to t