Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Peralta v. Countrywide Home Loans

August 21, 2009

DOROTHY PERALTA, STEVEN S. BIGVERDI, AND JAMES MOSCOSO, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, PLAINTIFFS, V, COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICAS WHOLESALE LENDER, COUNTRYWIDE HOME LOANS, INC., AND COUNTRYWIDE BANK, FSB; AND REMOVED FROM ALAMEDA COUNTY SUPERIOR COURT, DOES 1 THROUGH 200, INCLUSIVE, DEFENDANTS.


The opinion of the court was delivered by: Judge: Hon. Phyllis J. Hamilton

Case No. RG 09455493

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANTS COUNTRYWIDE HOME LOANS, INC. F/K/A AMERICAS WHOLESALE LENDER, COUNTRYWIDE HOME LOANS, INC. AND COUNTRYWIDE BANK, FSB TO RESPOND TO FIRST AMENDED COMPLAINT

Pursuant to Fed. R. Civ. P. 6(b) and Local Rule 6-1, plaintiffs Dorothy Peralta, Steven S. Bigverdi and James Moscoso (collectively, "Plaintiffs") and defendants named as Countrywide Home Loans, Inc., Countrywide Home Loans, Inc. f/k/a America's Wholesale Lender, and Countrywide Bank, FSB (collectively, the "Countrywide Defendants") (the Countrywide Defendants, together, with Plaintiffs, the "Parties"), through their undersigned counsel, hereby stipulate as follows:

WHEREAS, on June 2, 2009, Plaintiffs filed their Class Action Complaint for: Fraudulent Omissions, Violation of Bus. & Prof. Code § 17200, et seq., Breach of Contract, and Tortious Breach of the Covenant of Good Faith and Fair Dealing ("Complaint") in the Superior Court of California, Alameda County (the "State Court Action");

WHEREAS, on June 18, 2009, Plaintiffs filed their First Amended Class Action Complaint for: Fraudulent Omissions, Violation of Bus. & Prof. Code § 17200, et seq., Breach of Contract, and Tortious Breach of the Covenant of Good Faith and Fair Dealing ("FAC") in the State Court Action;

WHEREAS, service of the Complaint was not effected upon the Countrywide Defendants;

WHEREAS, on or about July 16, 2009, Plaintiffs effected service of the FAC upon Countrywide Home Loans, Inc.;

WHEREAS, before service of the FAC was effected upon the remaining Countrywide Defendants, they timely removed the State Court Action to this Court pursuant to 28 U.S.C. §§ 1331 and 1332, as amended in relevant part by the Class Action Fairness Act of 2005 and authorized by 28 U.S.C. §§ 1367, 1441 and 1453 on July 17, 2009;

WHEREAS, under Fed. R. Civ. P. 81(c)(2), Countrywide Home Loans, Inc.'s time to answer or otherwise plead in response following the removal was at least twenty (20) days after service of the FAC. Fed. R. Civ. P. 81(c)(2);

WHEREAS, inasmuch as service had not been effected upon the remaining Countrywide Defendants at the time of the removal, the Countrywide Defendants' counsel contacted Plaintiffs' counsel on July 20, 2009 to discuss a mutually agreeable date for the Countrywide Defendants to answer or otherwise plead in response to the FAC;

WHEREAS, as a result of that conference and to ensure a coordinated response date, Plaintiffs and the Countrywide Defendants agreed that the Countrywide Defendants should have up to and including August 24, 2009 to answer or otherwise plead in response to the FAC;

WHEREAS, Plaintiffs and the Countrywide Defendants filed a Stipulation setting forth their agreement on July 21, 2009. See Stipulation (July 21, 2009) (Docket No. 9);

WHEREAS, on August 19, 2009, the Countrywide Defendants' requested, and Plaintiffs' counsel agreed to, a brief extension, up to and including September 1, 2009, of the current, agreed- upon deadline for the Countrywide Defendants to answer or otherwise plead in response to the FAC in light of a family medical emergency involving the mother one of its ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.