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Pedro Barahona and andrea Barahona v. Tamayo Financial Services

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION


February 20, 2013

PEDRO BARAHONA AND ANDREA BARAHONA PLAINTIFFS,
v.
TAMAYO FINANCIAL SERVICES, INC.; BANK OF NEW YORK, AS TRUSTEE FOR SECURITIZED TRUST CWABS ASSET-BACKED CERTIFICATES TRUST 2007-12; BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, SUCCESSOR IN INTEREST TO COUNTRYWIDE HOME LOANS SERVICING, LP, AND MORTGAGE ELECTRONIC REGISTRATION SYSTEM, AKA "MERS" AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

Removed from Los Angeles County Superior Court Case No. LC098232

The opinion of the court was delivered by: Hon. Fernando M. Olguin United States District Court Judge Central District of California

ORDER TO REMAND Judge: Judge Fernando M. Olguin Courtroom: F Date Action Filed: August 28, 2012 FAC Filed: November 7, 2012 Trial Date: April 14, 2014

ORDER

1. Plaintiffs' causes of action brought under (1) the Truth in Lending Act ("TILA") and (2) the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 2601, et seq. are dismissed with prejudice.

2. This matter is hereby remanded to The Superior Court for the State of California, County of Los Angeles from where it originated as civil matter LC098232.

3. All future filing deadlines, hearing dates, conferences and trials calendared by this Court in this matter are hereby VACATED.

IT IS SO ORDERED:

CERTIFICATE OF SERVICE

I hereby certify that on February 18, 2013, I electronically filed the foregoing [PROPOSED] ORDER TO REMAND with the Clerk of the Court using the CM/ECF system and served a copy of same upon all counsel of record via the Court's electronic filing system.

By: /s/ Joseph V. Quattrocchi

CERTIFICATE OF SERVICE

20130220

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