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Title Marlon Staggs et al. v. Mortgage Electronic

April 24, 2012

TITLE MARLON STAGGS ET AL.
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ET AL.



The opinion of the court was delivered by: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

CATHERINE JEANG LAURA ELIAS N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: (In Chambers:) ORDER TO SHOW CAUSE REGARDING TILA CLAIM

INTRODUCTION

On February 6, 2012, plaintiffs Marlon and Christine Staggs filed suit against Mortgage Electronic Registration Systems, Inc. ("MERS"); Recontrust Company, N.A. ("Recontrust"); Countrywide Financial Corp. ("Countrywide Financial"); Countrywide Home Loans, Inc. ("Countrywide"); Countrywide Home Loans Servicing, L.P. f/k/a BAC Home Loan Servicing; Bank of America, N.A. ("Bank of America"); BAC Home Loans Servicing L.P. ("BAC"); Eddie Avakian; LandSafe Apprisal Services Inc. ("LandSafe Apprisal"); LandSafe, Inc. ("LandSafe"); Hearn Quality Assurance ("Hearn Quality"); Mark Hearn; TC Appraisals; C. Bill Lee; Martel Lofts LLC ("Martel"); Omri Meron; AMI Real Estate, Inc. ("AMI"); Citibank, N.A. ("Citibank"); Certificate Holders of Bear Sterns Alt-A Trust 2006-7 as a separate unknown legal entity; Structured Asset Mortgage Investments II, Inc. ("SAMI II"); Wells Fargo Bank, N.A. ("Wells Fargo"); and Does

The complaint asserts thirteen claims for relief, styled as: (1) declaratory relief; (2) unjust enrichment; (3) wrongful foreclosure; (4) tortious interference with contractual relations; (5) promissory estoppel/constructive trust; (6) slander of title; (7) declaratory relief/quiet title; (8) equitable estoppel; (9) violation of the Truth in Lending Act, 15 U.S.C. § 1641(f)(2) ("TILA"); (10) violation of Cal. Bus. & Prof. Code §§ 17200 et seq. ("UCL"); (11) violation of Cal. Bus. & Prof. Code §§ 11300 et seq. (Unlawful Appraisal); (12) injunctive relief; and (13) violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 ("RESPA").

On February 28, 2012 defendants MERS, Recontrust, Countrywide Financial, Countrywide, Bank of America, LandSafe Appraisal, and LandSafe filed a motion to dismiss the complaint. Defendants amended their motion on March 2, 2012, and Wells Fargo, Citibank, Hearn Quality, and Mark Hearn joined in the motion. Plaintiffs filed their opposition on March 13, 2012.

On March 22, 2012, the Court issued an order to show cause ("OSC"), directing Citibank to respond to plaintiffs' allegations that Citibank's actions violated TILA, 15 U.S.C. § 1641(f)(2). Dkt. No. 50. Citibank filed its response on April 6, 2012, asserting, inter alia, that plaintiffs' TILA claim under § 1641(f)(2) claim fails because Citibank is not a "loan servicer." Dkt. No. 61 at 4.

On April 16, 2012, plaintiffs filed a reply to Citibank's response to the Court's OSC. Dkt. No. 65. Their reply states, in pertinent part:

Plaintiff[s] hereby voluntarily dismiss[] the TILA claim as to Citibank. Plaintiffs concede that the [c]omplaint, as written, does not support a claim against Citibank for TILA [v]iolations. Given the complexity of the case, and the intertwined roles of the defendants, [p]laintiffs request that Citibank be dismissed without prejudice ...


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