Yau - Notice of Decision of Court 012811.28152333

8/3/2019 Yau - Notice of Decision of Court 012811.28152333

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NOTICE OF THE DECISION OF THE COURT

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NO. SACV 11-6 JVS (RNBx)

Assigned to the Hon. James V Serna

NOTICE OF THE DECISION O F THE

COURT

TO ALL PARTIES, THEIR AGENTS AND THEIR ATTORNEYS OF

RECORD:

PLEASE TAKE NOTICE

Yau v. Deutsche Bank SACV11-6 JVS (RNBx)

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Lenore L. Albert, Esq. SBN 210876

LAW OFFICES OF LENORE ALBERT

7755 Center Avenue , Suite #1100

Huntington Beach, CA 92647

Telephone (714) 372-2264

Facsimile (419) 831-3376

Email: [email protected]

Attorney for Plaintiffs and the Class

EDDIE YAU and GLORIA YAU , on

behalf of themselves and all others

similarly situated,

Plaintiffs,

vs.

DEUTSCHE BANK NATIONAL

TRUST COMPANY AMERICAS, and

AURORA LOAN SERVICES, LLC,

Inclusive,

Defendants.

Complaint filed: 01/03/11

Trial date: None set

Hearing date: 01/28/11

that plaintiffs Eddie Yau and Gloria, on behalf of

themselves and those similarly situated, applications dated 1/19/11 (Docket No. 20) and

1/24/11 (Docket No. 30) came on for hearing on Order to Show Cause why a preliminary


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absent

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injunction should not issue in this case and why the defendants Aurora Loan Services,

LLC and Deutsche Bank National Trust Company Americas should not be found in

contempt of the January 7, 2011 Stipulation entered into between the parties in this case

and the Order issued thereon.

Lenore L. Albert, Esq. of the Law Offices of Lenore Albert appeared on behalf of

the named plaintiffs, and those similarly situated. Victoria Edwards, Esq., Todd Booken,

Esq. and Donald Scotten, Esq. of Akerman Senterfitt, LLP appeared on behalf of

defendants Deutsche Bank National Trust Company Americas and defendant Aurora

Loan Services, LLC. Esq. Melissa Robin Coutts, Esq. of McCarthy & Holthus, LLP

appeared on behalf of Quality Loan Services Corporation.

After considering all papers filed thereon and hearing argument of counsel, the

Honorable James V. Selna of the Court found as follows:

The term proper notice found in the Stipulation at page 2 line 16 which reads:

WHEREAS, Aurora has not agreed to postpone any foreclosure

sales of those plaintiffs not named but allegedly similarly situated

proper notice to Auroras counsel on behalf of those specifically-identified

individuals. [emphasis added]

consists of serving and filing a Notice with the Court that contains the:

1. Name and address of the putative class, and


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does not

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2. At least one adverse action taken against the putative class member (e.g. filing

or recording a Notice of Default, Notice of Sale or like action.).

3. It is preferred that a loan number is also contained in the notice, but it is not

required.

4. Filing the Notice with the Court is adequate notice.

For each Notice identifying a potential property, the Court found that counsel must

believe in good faith that the defendants are the trustee, on the declaration of trustee, or is

the servicer of the loan.

The Court expressly found that the te rm proper notice include the

merits.

The Court outlined the following procedure to be followed:

1. Plaintiffs counsel is to give Notice to the defendants counsel at least 5

business days before a foreclosure sale. If it is an emergency where 5 business

days cannot be given, then the plaintiff should seek an ex parte Order from the

Court to add Notice.

2. Proper notice does not include the merits. However, the parties are required to

meet and confer within 21 days to make sure the defendant can comply with

the stipulation (that they are the lender/servicer of the home loan in question)

and in order to give the plaintiffs counsel time to confer with the putative class


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absent

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member to demonstrate good faith as to why it believes the defendants are the

lender/trustee/servicers of the loan in question.

3. Defendants can then apply to dissolve the Notice ten (10) days after the meet

and confer period.

4. If the Court grants the Defendants application, no adverse action can be taken

against the property at issue for seven (7) days following the date of the Courts

signed order.

5. No party is obligated to take any action if the defendant is not the servicer,

trustee or lender.

After finding the meaning of the term proper notice, the Court further found

that proper notice under the Stipulation dated 1/07/11 page 2, line 16 to 18 which

reads:

WHEREAS, Aurora has not agreed to postpone any foreclosure

sales of those plaintiffs not named but allegedly similarly situated

proper notice to Auroras counsel on behalf of those specifically-identified

individuals. [emphasis added]

had been properly given as to the following putative class members:

Ms. Carmen Arballo and

Mr. Otis Banks


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The Court also found that Notice to the following subset of the 68 homeowners out

the previous 250 homeowners would be valid as to the subset by serving and filing a

Notice as to that subset within 24 hours of the hearing:

Rodolfo Herrera 1774 E Belmont Ave Anaheim CA

Victor Cervantes 1791 W Minerva Ave Anaheim CA

Jorge A Lemus 930 S Flore St Anaheim CA

Genaro E Ocampo 1236 N Monterey St Anaheim CA

Bernardo

Rodriguez 18551 Minuet Ln Anaheim CA

Jose L Dominguez 10251 Amies Rd Anaheim CA

Isaac S Alcala 2213 S Anchor St Anaheim CA


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Marcelina

Camacho 858 S Claudina St Anaheim CA

Brian Ewalt 3335 Rio Vista Dr Bonita CA

Larry R Gooss 2117 Treeridge Cir Brea CA

Benjamin Jones 1576 Berenice Dr Brea CA

Ricky P Perez 6751 Sullivan Pl Buena Park CA

George H Welsch 10041 Barbara Cir Buena Park CA

Ramon R Rubia 7519 Melrose St Buena Park CA

Meng A Prey 6912 Berry Ave Buena Park CA

Kristine M Seganti 1562 Piedmont St Chula Vista CA

Naomi E Castro 1220 Turtle Cay Way Chula Vista CA


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Ana A Guillen 2253 Colgate Dr Costa Mesa CA

Leonidas Alvarado 1074 Vallejo Cir Costa Mesa CA

Juan M C

Mendoza 861 Darrell St Costa Mesa CA

Tae K Clifton 9291 Lime Cir Cypress CA

Darrell Elliott

8272 Fontainbleau

Way Cypress CA

Danielle Raabe 34762 Calle Ramona Dana Point CA

Annisa Kellie

Schroeder

2506 Royal Saint

James Dr El Cajon CA

Jasen Dibella 2055 Falmouth Dr El Cajon CA

Martin Maldonado 440 El Rancho Ln Escondido CA


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Brett W Sturgill 1078 W Arroyo Dr Fullerton CA

Chul K Cha 2656 Foxborough Pl Fullerton CA

Jose Cuevas

12707 Alonzo Cook

St Garden Grove CA

James M

Taormina 12202 Bartlett St Garden Grove CA

Glen A Williams 13581 Yockey St Garden Grove CA

Tung Bui

11692 Old Fashion

Way Garden Grove CA

Shafer James & S

Family Trust 1911 Pine St

Huntington

Beach CA

Rodney C Laver 11 Salina Irvine CA


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Robert A

Garretson 17291 Candleberry Irvine CA

Robert Burdick 311 Eunice Cir La Habra CA

Chi H Yun 2081 S Augusta Ct # S La Habra CA

Cesar C

Magsombol 5152 Toulouse Dr La Palma CA

Arturo A Reyes 7581 Keith Cir La Palma CA

Robert Querido 11 Gardenia St Ladera Ranch CA

Michael S Hilburn 31900 9th Ave Laguna Beach CA

Svetlana

Stefanovic 25501 Sarita Dr Laguna Hills CA

Joanne M

Anderson 24291 Park Place Dr Laguna Niguel CA


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Richard C Y

Leong 24532 Via Tonada Lake Forest CA

Rockley T Curless 8350 Jadam Way Lemon Grove CA

David Cassidy

2120 Massachusetts

Ave Lemon Grove CA

Alex D Herrera 2972 Aceca Dr Los Alamitos CA

Lisa Donald 315 La Purisma Way Oceanside CA

Fern M Tyrell 513 W La Veta Ave Orange CA

Stanley Greene 1104 N Sacramento St Orange CA

Procoro Gomez 2612 E Wilson Ave Orange CA

Adrian Garcia 11251 S Colbow St Orange CA


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Angel Damian 7 Via Puma

Rancho Santa

Margarita CA

Hector Castillo 4 Breezy Mdws

Rancho Santa

Margarita CA

Elisa T Rodriguez 2241 Barney St San Diego CA

Zion Yohannes 2222 River Run Dr San Diego CA

Nehad Ouri 33801 Via Cascada

San Juan

Capistrano CA

Oliveria TorresMozo 819 Via Juanita San Marcos CA

Nahun Lopez-

Ramirez 462 Smilax Rd San Marcos CA

Enrique Godinez 1429 S Ross St Santa Ana CA

Faustino Lupercio 1102 S Flintridge Dr Santa Ana CA


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Victor O Mendoza 1230 Hickory St Santa Ana CA

David Hayward 13442 San Simeon Tustin CA

Moa T Fuimaono 150 Paseo Marguerita Vista CA

James H Hansen 1187 Miramar Dr Vista CA

Thanhlan Thach 14431 Ontario Cir Westminster CA

Jose S P Rivera

8902 Williamsburg

Ave Westminster CA

Dong W Shin 17214 Blue Spruce Ln Yorba Linda CA

With respect to the home of John Frank Barajas and Gloria Barajas, the Court

requested counsel to meet and confer further for 2 weeks and for the defendants to take

all reasonable steps and make all reasonable efforts to cease and preserve the status quo.

The Court then invited the parties to file and serve further pleadings on this issue.


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The Court found that Notice Number 3 was proper. The Court further found that

proper notice was not given as to Notice Number 1, and that Notice is null.

The Court then found based on the defendants declarations that the sale of

Carmen Arballos home was rescinded and the property record of rescission was

tendered to plaintiffs counsel at hearing; and that no home set for foreclosure sale was

sold while the temporary restraining orders were operative, all other aspects of the

temporary restraining order issued on 1/19/11 was vacated.

The Court also found that based on defendants declarations that all sales of the

homes at issue in the temporary restraining order issued on 1/24/11, proper notice was

given.

The Court then dissolved the temporary restraining order Docket No. 10 and

discharged the OSC re: contempt.

The Court also dissolved the temporary restraining order and denied the

preliminary injunction and discharged the OSC re: contempt upon finding Docket

Number 30 gave proper notice.

The court found that the stipulation remained in full force and effect and expressly

stated that the Courts ruling was predicated on the Stipulation.

The Court then informed the defendants that they must bring a motion to vacate

the entire stipulation by way of noticed motion, if they so choose to do so.

The court ordered the hearing on the Temporary Restraining Order and Order to

Show Cause why a Preliminary Injunction should not issue which was filed on January

3, 2011 to be vacated and continued to February 15, 2011 for further briefing and that the

foreclosure sale of Eddie Yau and Gloria Yau be further postponed to February 22, 2011.

The continued hearing shall be heard on February 15, 2011 at 4:00PM in

Courtroom 10C at the United States District Courthouse for the Central District of

California, the Honorable James V. Selna presiding.


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This Notice was prepared from the notes taken during the hearing on this matter

and not from a recorded transcript. To the extent a signed order conflicts with any part

of this Notice, the terms in the Order are substituted in place and stead and incorporated

herein.

Dated: January 29, 2011 LAW OFFICES OF LENORE ALBERT

/s/ __________________

LENORE L. ALBERT, ESQ.

Attorney for Plaintiffs and the Class

L en or e L . A l ber t


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[ ] BY OVERNIGHT MAIL

[x] BY FAX


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PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ORANGE:

I declare that I am over the age of 18 years, and not a party to the within action; that I

am employed in Orange County, California; my business address is 7755 Center Avenue

Suite #1100,Huntington Beach, CA 92647.

On January 29, 2011, I served a copy of the following document(s) described as:

On the interested parties in this action as follows:

See attached Mail List

I caused such document(s) to be placed in pre-addressed

envelope(s) with postage thereon fully prepaid and sealed, to be deposited as

Express/Priority Mail for next day delivery at Westminster, California, to the

aforementioned addressee(s).

I caused such document(s) to be transmitted facsimile from the offices

located in Westminster, California this business day to the aforementioned recipients.

I declare under penalty of perjury under the laws of the State of California and the

United States of America that the foregoing is true and correct.

Dated: January 29, 2011

_________________________

Lenore Albert

/ s/ L enore A lber t


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Mailing List

For Defendant Aurora Loan Services, LLC:

Victoria Edwards, Donald M Scotten & Justin D Balser

Akerman Senterfitt LLP

725 South Figueroa Street, 38th

Floor

Los Angeles, CA 90017-5433

Ph: 213-688-9500

Fx: 213-627-6342

For Defendant Deutsche Bank National Trust Company Americas

Victoria Edwards, Donald M S cotten & Justin D Balser

Akerman Senterfitt LLP

725 South Figueroa Street, 38th

FloorLos Angeles, CA 90017-5433

Ph: 213-688-9500

Fx: 213-627-6342

For Third Party Quality Loan Services Corp.

Melissa Robbins Coutts, Esq.

McCarthy & Holthus, LLP

1770 Fourth Avenue

San Diego, CA 92101

Ph: 619-685-4800 Fax: 619-685-4811 Email: [email protected]

Yau - Notice of Decision of Court 012811.28152333

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