Defendants U.S. Bank Trust, N.A. (as Trustee), PHH Mortgage Corporation, Ocwen Loan Servicing LLC, Altisouce Solutions, Inc., Western Progressive, LLC, Realhome Services and Solutions, and Tiffany Turner (collectively “Defendant”) has filed a Motion for Summary Judgment, or in the alternative, Summary Adjudication, against Plaintiffs Andres and Olga Gomez (“Plaintiffs”). The parties have filed timely opposition and reply briefs. As more fully set forth below, the Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED IN PART AND DENIED IN PART.
As a threshold matter, both parties have made several requests for judicial notice and raised evidentiary objections.
Plaintiffs’ Request for Judicial Notice
Plaintiffs’ Request Nos. 1, 5, and 6 are GRANTED as records of a court of this State. (Evid. Code § 452(d)
Plaintiffs’ Request Nos. 2, 3, and 9 are GRANTED as official acts of San Joaquin County. (Evid. Code § 452(c).)
Plaintiffs’ Request No. 4 is GRANTED
Hearing Date
January 26, 2021
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Defendants U.S. Bank Trust, N.A. (as Trustee), PHH Mortgage Corporation, Ocwen Loan Servicing LLC, Altisouce Solutions, Inc., Western Progressive, LLC, Realhome Services and Solutions, and Tiffany Turner (collectively “Defendant”) has filed a Motion for Summary Judgment, or in the alternative, Summary Adjudication, against Plaintiffs Andres and Olga Gomez (“Plaintiffs”). The parties have filed timely opposition and reply briefs. As more fully set forth below, the Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED IN PART AND DENIED IN PART.
As a threshold matter, both parties have made several requests for judicial notice and raised evidentiary objections.
Plaintiffs’ Request for Judicial Notice
Plaintiffs’ Request Nos. 1, 5, and 6 are GRANTED as records of a court of this State. (Evid. Code § 452(d)
Plaintiffs’ Request Nos. 2, 3, and 9 are GRANTED as official acts of San Joaquin County. (Evid. Code § 452(c).)
Plaintiffs’ Request No. 4 is GRANTED