Case 5:16-cv-01518-JGB-DTB Document 52 Filed 12/15/16 Page 1 of 2 Page ID #:635

1 McCARTHY & HOLTHUS, LLP

Melissa Robbins Coutts, Esq. (SBN: 246723)
2 Leticia “Tia” Butler, Esq. (SBN: 253345)
1770 Fourth Avenue
3 San Diego, CA 92101
Telephone: (619) 685-4800
4 Facsimile: (619) 685-4811
E-mail: lbutler@mccarthyholthus.com
5
Attorneys for Defendant,
6 Quality Loan Service Corporation, erroneously sued as Quality Loan Servicing
7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA
10

11 Socorro Diaz and Francisco Diaz

McCARTHY & HOLTHUS, LLP

Case No. EDCV 16-1518-JGB

TELEPHONE (619) 685-4800 FACSIMILE (619) 685-4811

12 Plaintiffs, NOTICE OF MOTION AND

MOTION TO DISMISS
ATTORNEYS AT LAW
SAN DIEGO, CALIFORNIA 92101

13 v. PLAINTIFFS’ FIRST AMENDED

1770 FOURTH AVENUE

COMPLAINT
14 The Bank of New York Mellon as
trustee for Structured Asset Mortgage Date: January 23, 2017
15 Investment II, Inc. Mortgage Pass Time: 9:00 a.m.
through certificated Series 2005-AR8; Ctrm: 1
16 Nationstar Mortgage, a Texas Judge: Hon. Jesus G. Bernal
Corporation; Quality Loan Servicing, a
17 California Corporation; All Persons
Unknown, Claiming any Legal or
18 Equitable Right, Title, Estate, Lien, or
Interest in the Property Described in the
19 Complaint Adverse to Plaintiff’s Title or
Any Cloud on Plaintiff’s Title Thereto;
20 and Does 1 through 50, inclusive
21 Defendants.
22

23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

24 PLEASE TAKE NOTICE THAT on January 23, 2017 at 9:00 a.m., or as
25 soon thereafter as the matter may be heard, in Courtroom 1, before the Honorable
26 Jesus G. Bernal of the United States District Court, Central District of California,
27 Riverside Courthouse, located at 3470 Twelfth Street, Riverside, CA 92501-3801,
28 Defendant, Quality Loan Service Corporation, erroneously sued as “Quality Loan
1
NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT
 Case 5:16-cv-01518-JGB-DTB Document 52 Filed 12/15/16 Page 2 of 2 Page ID #:636

1 Servicing” (“Quality”), will move this Court for dismissal of Plaintiffs Socorro Diaz
2 and Francisco Diaz’s (“Plaintiffs”) First Amended Complaint (“FAC”), with
3 prejudice.
4 PLEASE TAKE FURTHER NOTICE THAT the Motion will be made
5 pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that the First
6 Amended Complaint fails to allege facts sufficient to state a cause of action against
7 Quality as explained in the memorandum of points and authorities filed herewith.
8 This motion is made after an unsuccessful attempt to further meet and
9 confer with counsel pursuant to L.R. 7-3. To elaborate, counsel for Quality Loan
10 Service Corporation and counsel for the Plaintiffs met and conferred prior to filing a
11 Motion to Dismiss as to the original Complaint. Counsel then advised a First
McCARTHY & HOLTHUS, LLP

TELEPHONE (619) 685-4800 FACSIMILE (619) 685-4811

12 Amended Complaint (“FAC”) was forthcoming. Upon notification by counsel that

the FAC was forthcoming but prior to receipt of the same, counsel generally
ATTORNEYS AT LAW
SAN DIEGO, CALIFORNIA 92101

13
1770 FOURTH AVENUE

14 discussed the theories of liability and Quality’s responses thereto. Upon receipt and
15 analysis of the actual FAC, counsel for Quality attempted to reach counsel to further
16 discuss the theories upon which Quality intended to rely in its Motion but was
17 unable to reach counsel. Counsel for Quality submits that even if she were able to
18 reach counsel, the chances of reaching an agreement which would eliminate the
19 need for this Motion would be low since Quality’s general defenses, which did not
20 previously sway Plaintiff’s counsel, remained unchanged after review of the FAC.
21 Dated: December 15, 2016 Respectfully submitted,
22 McCARTHY & HOLTHUS, LLP
23
By: /s/ L. Butler
24 Leticia “Tia” Butler, Esq.
Attorney for Defendant,
25 Quality Loan Service Corporation
26

27

28
2
NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT