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Park v. U.S. Bank National Association

November 19, 2010

SEAN M. PARK; MICHELLE PARK, PLAINTIFFS,
v.
U.S. BANK NATIONAL ASSOCIATION (TTEE); CREDIT SUISSE FINANCIAL CORPORATION; QUALITY LOAN SERVICE CORPORATION; OLD REPUBLIC TITLE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS -- "MERS" (BENEFICIARY); SELECT PORTFOLIO SERVICING; DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matters before the Court are (1) three Motions for Default Judgment as to Defendants Credit Suisse Financial Corporation ("Credit Suisse"), Quality Loan Service Corporation ("Quality Loan"), Old Republic Title Company ("Old Republic"), Mortgage Electronic Registration Systems ("MERS"), and Select Portfolio Servicing, filed by Plaintiffs Sean M. Park and Michelle Park (ECF Nos. 18, 30, 32); (2) Motion to Set Aside Default filed by Defendants Credit Suisse, MERS and Select Portfolio Servicing (ECF No. 17); (3) Motion to Set Aside Default filed by Defendant Quality Loan (ECF No. 33); and (4) three Motions to Strike filed by Plaintiffs (ECF Nos. 20, 27, 37).

BACKGROUND

On July 26, 2010, Plaintiffs, proceeding pro se, initiated this action by filing a Complaint. (ECF No. 1). The Complaint alleges 14 causes of action arising from a mortgage transaction in the amount of $840,000, and related to Plaintiffs' purchase of real property located at 7421-7423 Draper Avenue, La Jolla, California.

On August 13, 2010, Defendant Quality Loan filed a Declaration of Non-monetary Status pursuant to California Civil Code 2924l. (ECF No. 3).

On August 18, 2010, Defendant Old Republic filed an Answer. (ECF No. 4).

On August 19, 2010, Plaintiffs filed returns of service indicating that Credit Suisse, Quality Loan, Old Republic, MERS and Select Portfolio Servicing were each served with the Summons and Complaint via Federal Express delivery on July 27, 2010. (ECF Nos. 5-9).

On August 20, 2010, Plaintiffs filed a request for Clerk's entry of default against Credit Suisse, Quality Loan, Old Republic, MERS and Select Portfolio Servicing. (ECF No. 10).

On August 25, 2010, the Clerk of the Court entered Default as to Credit Suisse, Quality Loan, MERS and Select Portfolio Servicing. (ECF No. 11).

On August 27, 2010, Plaintiffs filed an Objection to Quality Loan's Declaration of Non-monetary Status. (ECF No. 16).

On September 2, 2010, Plaintiffs filed a Motion for Default Judgment as to Credit Suisse, Quality Loan, Old Republic, MERS and Select Portfolio Servicing. (ECF No. 18).

On September 3, 2010, Credit Suisse, MERS and Select Portfolio Servicing filed the Motion to Set Aside Default. (ECF No. 17). The moving Defendants "request[] that the Court set aside their default on the ground of attorney's fault since Defendants did not file an answer because of its attorney's error in calendaring a response to the Complaint. In addition, Defendants have a meritorious defense and Plaintiffs will not be prejudiced by this relief." Id. at 4. The moving Defendants attached a proposed motion to dismiss the Complaint in support of their contention that they have a meritorious defense.

On September 3, 2010, Plaintiffs filed a "Motion to Strike ... all attorneys for Defendant Old Republic Title for refusal to address Causes ...


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