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Sean M. Park; Michelle Park v. U.S. Bank National Association (Ttee

April 13, 2011

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 the (1) Motion to Dismiss Complaint (ECF No. 45); (2) Motion for Extension of Time and for Leave to File Amended Complaint (ECF No. 47); (3) Motion for Extension of Time to File Surreply in Opposition to the Motion to Dismiss (ECF No. 55); (4) Motion for Injunctive Relief (ECF No. 56); (5) Motion for Preliminary Injunction Against Fraudulent Conveyance of Title (ECF No. 61); (6) Motion for Leave to File Second Amended Complaint to Add New Defendants (ECF No. 71); (7) Motion for Leave to File Excess Pages in Reply to Opposition to Motion for Preliminary Injunction (ECF No. 72); (8) Motion to Strike the Motion for Leave to File Second Amended Complaint (ECF No. 73); (9) Amended Motion for Leave to File Second Amended Complaint to Add New Defendants (ECF No. 82); and (10) Motion to Strike Late Filed Reply Brief (ECF No. 84).

BACKGROUND

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

On November 23, 2010, all remaining Defendants filed a Motion to Dismiss the Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 45).

On December 13, 2010, Plaintiffs filed a Motion for Extension of Time and for Leave to File an Amended Complaint. (ECF No. 47). Plaintiffs stated that they sought to "expand the scope of the original Complaint to encompass new causes of action pursuant to the wrongful default of Plaintiffs' property that occurred since the Complaint was filed, and new facts and evidence recently discovered pursuant to a recently commissioned forensic loan audit by a qualified predatory lending fraud analyst." Id. at 3.

On January 3, 2011, Plaintiffs filed a Motion for Injunctive Relief, seeking an order halting the sale of Plaintiffs' property scheduled for January 4, 2011. (ECF No. 56).

On January 10, 2011, Plaintiffs filed a Motion for Preliminary Injunction Against Fraudulent Conveyance of Title. (ECF No. 61).

On February 1, 2011, Plaintiffs filed a Motion for Leave to File Second Amended Complaint to Add New Defendants. (ECF No. 71).

On February 14, 2011, Defendants filed a Motion to Strike the Motion for Leave to File Second Amended Complaint. (ECF No. 73).

On March 18, 2011, Plaintiffs filed an Amended Motion for Leave to File Second Amended Complaint to Add New Defendants. (ECF No. 82).

DISCUSSION

I. Motion for Preliminary Injunction

Plaintiffs move for "a preliminary and permanent injunction and for a related order to set aside the January 4, [2011] illegal public auction sale and fraudulent conveyance of the subject property title ... and for further injunctive relief against any further foreclosure against the subject property by Defendants ... until all of Plaintiffs' issues have been fairly and equitably adjudicated by this Court." (ECF No. 61 at 2). In support of the ...


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