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Consuelo Gonzalez Labrada v. Deutsche Bank National Trust Company

November 16, 2011

CONSUELO GONZALEZ LABRADA
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ET AL.



The opinion of the court was delivered by: Christina A. Snyder, U.S. District Judge

CIVIL MINUTES - GENERAL

Title

Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE

RITA SANCHEZ LAURA ELIAS N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In chambers:) PLAINTIFF'S MOTION TO SET ASIDE THE

JUDGMENT(filed October 10, 2011)

INTRODUCTION AND BACKGROUND

The Court finds this motion appropriate for decision without oral argument. Fed.

R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of November 21, 2011, is hereby vacated, and the matter is taken under submission.

On October 1, 2010, plaintiff Consuelo Gonzalez LaBrada ("plaintiff") filed the instant action against defendants Deutsche Bank National Trust Company; Home Loan Funding, Inc., IndyMac Bank, FSB; OneWest Bank, FSB; Orange Coast Title Company; Mortgage Electronic Registration System, Inc. ("MERS"); Quality Loan Service Corporation; LSI Title Company; Wells Fargo Bank, N.A. ("Wells Fargo"); American Securities Company; and Does 1-10. The complaint included a request for injunctive relief and a temporary restraining order and alleges claims for (1) declaratory relief; (2) TILA violations pursuant to 15 U.S.C. §§ 1631-34, 1640(a); (3) violations of the FDCPA 15 U.S.C. § 1692(e); (4) violations of the FDCPA 15 U.S.C. § 1692(f); (5) civil RICO;

(6) RICO conspiracy; (7) RICO extortion; (8) breach of fiduciary duty; (9) common law fraud--inducement; (10) constructive fraud; ...


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