This case was last updated from U.S. District Courts on 10/21/2022 at 09:34:21 (UTC).

Gold v. National Default Servicing Corporation et al

Case Summary

On 08/22/2022 Gold filed a Property - Foreclosure lawsuit against National Default Servicing Corporation. This case was filed in U.S. District Courts, California Southern District Court. The Judges overseeing this case are Janis L. Sammartino and Andrew G. Schopler. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01232

  • Filing Date:

    08/22/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

Judge Details

Presiding Judge

Janis L. Sammartino

Referral Judge

Andrew G. Schopler

 

Party Details

Plaintiff

Michelle Gold

Bonita, CA 91908

Defendants

National Default Servicing Corporation

U.S. Bank NA

Select Portfolio Servicing

Does 1-25

Attorney/Law Firm Details

Plaintiff Attorney

Michelle Gold

Attorney at The Gold Firm

Po Box 1314

Bonita, CA 91908

Defendant Attorney

Artin Betpera

Attorney at Buchalter, A Professional Corporation

18400 Von Karman Avenue, Suite 800

Irvine, CA 92612

 

Court Documents

#16

(#16) ORDER (1) Granting Defendants' Request for Judicial Notice; (2) Granting Defendants' Motion to Dismiss; and (3) Denying Plaintiff's Ex Parte Application for Temporary Restraining Order (ECF Nos. #2 , #2 -2, #4 & #11 -2). The Court GRANTS the Defendants' Requests for Judicial Notice (ECF Nos. #2 -2 & #11 -2) in their entirety, GRANTS Defendants' Motion to Dismiss (ECF No. #2 ) in its entirety, DISMISSES WITHOUT PREJUDICE Plaintiff's claims, and DENIES Plaintiff's TRO Application (ECF No. #4 ). Plaintiff MAY FILE an amended complaint within thirty (30) days of the date on which this Order is electronically docketed. Should Plaintiff elect to file an amended complaint, it must cure the deficiencies noted herein and must be complete in itself without reference to Plaintiffs prior Complaint. See S.D. Cal. CivLR 15.1. Any claims not realleged in the amended complaint will be considered waived. Signed by Judge Janis L. Sammartino on 10/5/2022. (tcf) (Entered: 10/05/2022)

#15

(#15) REPLY to Response to Motion re #2 MOTION to Dismiss for Failure to State a Claim filed by National Default Servicing Corporation, Select Portfolio Servicing, U.S. Bank NA. (Betpera, Artin) (tcf). (Entered: 09/26/2022)

#14

(#14) RESPONSE in Opposition re #2 MOTION to Dismiss for Failure to State a Claim , #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (jpp). (Entered: 09/22/2022)

#13

(#13) REPLY to Response to Motion re #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (tcf). (Entered: 09/20/2022)

#12

(#12) ORDER (1) Setting Briefing Schedule for #2 Defendants' Motion to Dismiss and (2) Vacating Hearing Thereon. Plaintiff SHALL FILE her Opposition to the Motion on or before 9/22/2022. Defendants MAY FILE their Reply in support of the Motion, if any, on or before 9/26/2022. The Court VACATES the hearing on the Motion currently set for 10/6/2022 at 1:30 PM. Signed by Judge Janis L. Sammartino on 9/20/2022. (tcf) (Entered: 09/20/2022)

11 #2

Request for Judicial Notice

11 #1

Declaration of Patrick Pittman

11 #11

Main Document

#10

(#10) NOTICE of Joinder by U.S. Bank NA re #2 MOTION to Dismiss for Failure to State a Claim (Betpera, Artin) (tcf). (Entered: 09/16/2022)

4 #2

Exhibit Exhibits in Support of P&A and Dec of Gold

4 #1

Declaration Dec of Michelle Gold in Support of TRO and OSC

4 #4

Main Document

2 #5

RJN Exhibit C

2 #4

RJN Exhibit B

2 #3

RJN Exhibit A

2 #2

Request for Judicial Notice

2 #1

Memo of Points and Authorities

2 #2

Main Document

15 More Documents Available

 

Docket Entries

  • 10/05/2022
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  • Docket(#16) ORDER (1) Granting Defendants' Request for Judicial Notice; (2) Granting Defendants' Motion to Dismiss; and (3) Denying Plaintiff's Ex Parte Application for Temporary Restraining Order (ECF Nos. #2 , #2 -2, #4 & #11 -2). The Court GRANTS the Defendants' Requests for Judicial Notice (ECF Nos. #2 -2 & #11 -2) in their entirety, GRANTS Defendants' Motion to Dismiss (ECF No. #2 ) in its entirety, DISMISSES WITHOUT PREJUDICE Plaintiff's claims, and DENIES Plaintiff's TRO Application (ECF No. #4 ). Plaintiff MAY FILE an amended complaint within thirty (30) days of the date on which this Order is electronically docketed. Should Plaintiff elect to file an amended complaint, it must cure the deficiencies noted herein and must be complete in itself without reference to Plaintiffs prior Complaint. See S.D. Cal. CivLR 15.1. Any claims not realleged in the amended complaint will be considered waived. Signed by Judge Janis L. Sammartino on 10/5/2022. (tcf) (Entered: 10/05/2022)

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  • 09/26/2022
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  • Docket(#15) REPLY to Response to Motion re #2 MOTION to Dismiss for Failure to State a Claim filed by National Default Servicing Corporation, Select Portfolio Servicing, U.S. Bank NA. (Betpera, Artin) (tcf). (Entered: 09/26/2022)

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  • 09/22/2022
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  • Docket(#14) RESPONSE in Opposition re #2 MOTION to Dismiss for Failure to State a Claim , #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (jpp). (Entered: 09/22/2022)

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  • 09/20/2022
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  • Docket(#13) REPLY to Response to Motion re #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by Michelle Gold. (Gold, Michelle) (tcf). (Entered: 09/20/2022)

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  • 09/20/2022
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  • Docket(#12) ORDER (1) Setting Briefing Schedule for #2 Defendants' Motion to Dismiss and (2) Vacating Hearing Thereon. Plaintiff SHALL FILE her Opposition to the Motion on or before 9/22/2022. Defendants MAY FILE their Reply in support of the Motion, if any, on or before 9/26/2022. The Court VACATES the hearing on the Motion currently set for 10/6/2022 at 1:30 PM. Signed by Judge Janis L. Sammartino on 9/20/2022. (tcf) (Entered: 09/20/2022)

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  • 09/16/2022
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  • Docket(#11) RESPONSE in Opposition re #4 Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and AuthoritiesEmergency MOTION for Preliminary Injunction and Points and AuthoritiesEmergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities filed by National Default Servicing Corporation, Select Portfolio Servicing, U.S. Bank NA. (Attachments: #1 Declaration of Patrick Pittman, #2 Request for Judicial Notice)(Betpera, Artin) (tcf). (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#10) NOTICE of Joinder by U.S. Bank NA re #2 MOTION to Dismiss for Failure to State a Claim (Betpera, Artin) (tcf). (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#9) Corporate Disclosure Statement by U.S. Bank NA identifying Corporate Parent U.S. Bankcorp for U.S. Bank NA. (Betpera, Artin) (tcf). (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#8) NOTICE of Appearance by Artin Betpera on behalf of U.S. Bank NA (Betpera, Artin)Attorney Artin Betpera added to party U.S. Bank NA(pty:dft) (tcf). (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#7) Corporate Disclosure Statement by National Default Servicing Corporation. No Corporate Parents/Interested Parties. (Betpera, Artin) (tcf). (Entered: 09/16/2022)

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  • 09/13/2022
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  • Docket(#6) ORDER Ordering Defendants National Default Servicing Corporation and Select Portfolio Servicing to Show Cause as to Subject-Matter Jurisdiction (ECF No. #1 ). Defendants SHALL INCLUDE a response to this Order in their opposition to Plaintiff's Ex Parte Application on or before 9/16/2022. Plaintiff MAY INCLUDE a reply to Defendants' response on or before 9/20/2022. Signed by Judge Janis L. Sammartino on 9/13/2022. (tcf) (Entered: 09/14/2022)

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  • 09/12/2022
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  • Docket(#5) ORDER Setting Briefing Schedule for #4 Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction and Vacating Hearing Date. Opposition is due on or before 9/16/2022. Reply is due on or before 9/20/2022. The Court VACATES the hearing currently set for 9/19/2022 at 2:00 PM and will decide the Motion on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 9/12/2022. (tcf) (Entered: 09/12/2022)

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  • 09/09/2022
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  • Docket(#4) Ex Parte MOTION for Protective Order and OSC for Preliminary Injunction; Points and Authorities, Emergency MOTION for Preliminary Injunction and Points and Authorities, Emergency MOTION for Order to Show Cause re Preliminary Injunction; Points and Authorities by Michelle Gold. (Attachments: #1 Declaration Dec of Michelle Gold in Support of TRO and OSC, #2 Exhibit Exhibits in Support of P&A and Dec of Gold)(Gold, Michelle) (tcf). (Entered: 09/09/2022)

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  • 08/29/2022
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  • Docket(#3) Corporate Disclosure Statement by Select Portfolio Servicing identifying Corporate Parent Credit Suisse (USA), Inc., Corporate Parent SP Holding Enterprises Corp. for Select Portfolio Servicing.. (Betpera, Artin) (tcf). (Entered: 08/29/2022)

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  • 08/29/2022
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  • Docket(#2) MOTION to Dismiss for Failure to State a Claim by National Default Servicing Corporation, Select Portfolio Servicing. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 RJN Exhibit A, #4 RJN Exhibit B, #5 RJN Exhibit C)(Betpera, Artin) (tcf). (Entered: 08/29/2022)

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  • 08/22/2022
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  • Docket(#1) NOTICE OF REMOVAL ( Filing fee $402 receipt number ACASDC-17098620.) Filed by Select Portfolio Servicing, National Default Servicing Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-F)The new case number is 3:22-cv-1232-JLS-AGS. Judge Janis L. Sammartino and Magistrate Judge Andrew G. Schopler are assigned to the case.(cxl1) (sjt). (Entered: 08/22/2022)

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