United States District Court, C.D. California
KIMBERLY LAYNE ET AL.
NATIONSTAR MORTGAGE LLC ET AL.
PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE.
CIVIL MINUTES - GENERAL
(IN CHAMBERS): ORDER GRANTING IN PART DEFENDANT'S MOTION
TO DISMISS ; DENYING PLAINTIFFS' MOTION TO REMAND
the Court are Plaintiffs' Motion to Remand
(“MTR”) (Dkt. 12) and Defendant's Motion to
Dismiss (“MTD”) (Dkt. 11). The Court finds these
matters appropriate for resolution without oral argument.
See Fed. R. Civ. P. 78; L.R. 7-15. After reviewing
the moving papers and considering the parties arguments, the
Court DENIES Plaintiffs' Motion to Remand and GRANTS IN
PART Defendant's Motion to Dismiss.
the First Amended Complaint has not been properly filed, the
Court adopts the facts as set out in Plaintiffs'
Complaint (“Complaint”) (Dkt. 1-2).
Kimberly Layne and John D. Thomas (collectively,
“Plaintiffs”) took out a loan for their home
located at 230 Monarch Bay Drive, Dana Point, California (the
“Property”) from “Ocwen.” Compl.
¶ 2. The note and deed of trust were recorded on
December 14, 2005. Id. ¶ 6. Plaintiffs conveyed
the Property to the Monarch Bay Drive Trust. Id.
¶¶ 2, 6. The Monarch Bay Drive Trust then conveyed
the Property to Monarch Bay Drive, LLC (“Monarch
Bay”). Id. ¶¶ 2, 6.
Nationstar Mortgage, LLC (“Nationstar”) is
allegedly the successor in interest of the note and deed of
trust from Ocwen as of September 1, 2013. Id. ¶
September 4, 2014, Nationstar sent Plaintiffs a letter
stating that $571, 577.17 was due under the note.
Id. ¶ 8. On October 19, 2014, Nationstar sent
Plaintiffs another letter, this time claiming the amount due
was $504, 358.74. Id. Sometime between March 14,
2016 and March 23, 2016, Plaintiffs sent a letter to
Nationstar, asking that Nationstar provide information
regarding the amount due and the amount of arrearages on the
deed, as well as the basis for the amount. Id.
¶ 9. Plaintiffs also asked Nationstar to explain why it
believed it was the servicer on the loan. Id. In
response, Nationstar sent Plaintiffs a loan modification
application package, but allegedly did not respond to the
requests for information. Id.
October 18, 2016, Nationstar sent Plaintiffs a third letter
claiming that the amount due on the note was $725, 228.91,
which included $17, 917.29 in unidentified fees and charges.
Id. ¶ 8.
filed this suit in the California Superior Court for the
County of Orange on November 4, 2016 against Nationstar.
Notice of Removal (Dkt. 1-2). Nationstar removed the action
to federal court on December 7, 2016 (Dkt. 1). Plaintiffs
bring claims for: (1) violation of the Real Estate Settlement
Procedures Act (“RESPA”); (2) violation of
California Civil Code § 2943; and (3) violation of the
Business and Professions Code § 17200 et seq.
(“UCL”). See generally Compl.
January 4, 2017, Nationstar filed the instant Motion to
Dismiss, a notice of lodging of the First Amended Complaint
(Dkt. 11-1), and a Request for Judicial Notice
(“RJN”) (Dkt. 11-2). Plaintiffs opposed on
January 23, 2017 (“MTD Opposition”) (Dkt. 15),
and Nationstar replied on January 26, 2017 (Dkt. 16). On
January 6, 2017, Plaintiffs filed the instant Motion to
Remand. Nationstar opposed on January 23, 2017 (“MTR
Opposition”) (Dkt. 13), and Plaintiffs replied on
January 30, 2017 (Dkt. 17).