Case 5:16-cv-01518-JGB-DTB Document 31 Filed 09/19/16 Page 1 of 7 Page ID #:240

1 GREEN & HALL, LLP

HOWARD D. HALL, State Bar No. 145024
2 hdhall@greenhall.com
RACHEL C. ZWERNEMANN, State Bar No. 286515
3 rzwernemann@greenhall.com
1851 East First Street, 10th Floor
4 Santa Ana, California 92705-4052
Telephone: (714) 918-7000
5 Facsimile: (714) 918-6996
6 Attorneys for Defendants
The Bank of New York Mellon as Trustee
7 for Structured Asset Mortgage
Investments II Inc. Mortgage Pass-
8 Through Certificate Series 2005-AR8 and
Nationstar Mortgage LLC (erroneously
9 sued as Nation star Mortgage)
10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION
12
13 Socorro Diaz & Francisco Diaz, CASE NO. 5:16-cv-01518 JGB(DTBx)
14 Plaintiffs, JUDGE: Hon. Jesus G. Bernal
CTRM.: 1
15 vs.
RULE 26(f) REPORT BY
16 GB Inland Properties, LLC and/or Its DEFENDANTS THE BANK OF
Successors and/or Assignees In Interest; NEW YORK MELLON AS
17 The Bank of New York Mellon as TRUSTEE FOR STRUCTURED
Trustee for Structured Asset Mortgage ASSET MORTGAGE
18 Investments II, Inc., Mortgage Pass INVESTMENTS II INC.
thorough Certificates Series2005-AR8; MORTGAGE PASS-THROUGH
19 Nation star Mortgage; Continental HL- CERTIFICATE SERIES 2005-AR8
011 Trust; Rafael Perez; Quality Loan AND NATIONSTAR MORTGAGE
20 Servicing, Platinum Capital Group and LLC
Does 1 through 100 Inclusive,
21 Date: October 3, 2016
Defendants. Time: 11:00 AM
22 Location: Courtroom 1
3470 Twelfth Street
23 Riverside, CA 92501
24
ACTION FILED: July 12, 2016
25 TRIAL DATE: None Set
26 Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, Defendants
27 The Bank of New York Mellon as Trustee for Structured Asset Mortgage
28 Investments II Inc. Mortgage Pass-Through Certificate Series 2005-AR8 and
Case No. 5:16-cv-01518 JGB(DTBx)
RULE 26(f) REPORT
P:\DOCS\Nationstar.Diaz(Socorro)\Pleadings\Rule26f.Report.docx
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1 Nationstar Mortgage LLC (erroneously sued as Nation star Mortgage) (collectively

2 “Defendants”), by and through Counsel of record, hereby submit the Rule 26(f)
3 Report. As set forth in the Declaration of Rachel C. Zwernemann filed herewith,
4 Plaintiffs were non-responsive to Defendants’ requests to participate in a Rule 26(f)
5 conference and to prepare a Joint Rule 26(f) Report as ordered by the Court of
6 August 8, 2016.
7 a. Statement of the Case:
8 Plaintiffs appear to allege five causes of action arising out of mortgage loan
9 servicing and foreclosure of the real property located at 3891 Fox Tail Lane,
10 Riverside, CA 92509 (“Subject Property”). Plaintiffs assert claims under the
11 Rosenthal Fair Debt Collection Practices Act (“RFDCA”), California’s Business &
12 Professions Code 17200 and for Breach of Contract, Fraud, and Promissory
13 Estoppel. Plaintiffs’ Complaint seems to be styled as a Class Action, but does not
14 include the necessary allegations to support Class Action relief.
15 Plaintiffs’ Complaint is uncertain as currently pled. Plaintiffs have failed to
16 allege unfair, fraudulent or unlawful conduct by Defendants. Plaintiffs have also
17 failed to allege to applicability of the RFDCPA in the context of Plaintiffs’
18 allegations arising out of foreclosure activity which is not covered under the
19 RFDCPA. Plaintiffs have also failed to adequately pled causes of action for Breach
20 of Contract, Fraud, and Promissory Estoppel. After a preliminary review of
21 judicially noticeable documents recorded on the Subject Property, it appears that
22 Plaintiffs Complaint contradicts facts in the official records of the County of
23 Riverside. Plaintiffs’ Complaint may also be barred by the doctrine of judicial
24 estoppel and the applicable statute of limitations. Plaintiffs Complaint is also
25 subject to the defense of issue and claim preclusion due to a previous action filed
26 against Defendants in Riverside Superior Court (now dismissed).
27 b. Subject Matter Jurisdiction:
28 Plaintiffs’ Complaint appears to allege only state law claims and it is unclear
2 Case No. 5:16-cv-01518 JGB(DTBx)
RULE 26(f) REPORT
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1 at this time as to Plaintiffs’ assertion of the Federal Court’s Jurisdiction in this case.
2 c. Legal Issues:
3 At this time, legal issues exist as to the insufficiency of the class action
4 allegations, the applicability of the RFDCPA, jurisdiction of the Federal Court, and
5 the preclusion of Plaintiffs’ claims based on previous litigation filed against
6 Defendants regarding the same real property.
7 d. Parties, Evidence, etc.:
8 Parties
9  Plaintiffs Socorro Diaz & Francisco Diaz, In Pro Per
10  Defendant The Bank of New York Mellon as Trustee for Structured Asset
11 Mortgage Investments II Inc. Mortgage Pass-Through Certificate Series
12 2005-AR8
13  Defendant Nationstar Mortgage LLC is an indirect, wholly-owned
14 subsidiary of a publicly-traded company, Nationstar Mortgage Holdings
15 Inc. ("NSM Holdings"), a Delaware corporation
16  Defendant Continental HL-011 Trust
17  Defendant Rafael Perez
18  Defendant Quality Loan Servicing
19  Defendant Platinum Capital Group
20 Evidence, Witnesses, and Key Documents
21  Defendants intend to rely on the mortgage loan file with respect to the
22 subject property, financial records of Plaintiffs, and recorded documents
23 on the Subject Property.
24  Defendants may rely on testimony of Defendants’ Person Most
25 Knowledgeable and Plaintiffs.
26 e. Damages:
27 Defendants’ Attorneys’ Fees and Costs.
28 //
3 Case No. 5:16-cv-01518 JGB(DTBx)
RULE 26(f) REPORT
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1 f. Insurance:
2 n/a
3 g. Motions:
4 Defendants may file a Rule 12(c) Motion for Judgment on the Pleadings
5 depending on Plaintiffs’ willingness to amend the pleadings to correct areas of
6 uncertainty.
7 h. Manual for Complex Litigation:
8 n/a
9 i. Status of Discovery:
10 Discovery has not yet begun. Defendants are in the process of scheduling
11 depositions for Plaintiffs.
12 j. Discovery Plan:
13 Defendants propose compliance with the federal rules as to discovery and are
14 willing to work with Plaintiffs to form a Discovery Plan when/if they become
15 responsive.
16 k. Discovery Cut-off:
17 Proposed date – July 7, 2017
18 l. Expert Discovery:
19 Proposed dates:
20  Plaintiff expert disclosures deadline – March 3, 2017
21  Defendant expert disclosures deadline - April 7, 2017
22  Expert deposition deadline – June 2, 2017
23 m. Dispositive Motions:
24 Defendants anticipate that each of Plaintiffs’ Five Causes of Action may be
25 determined by Motion for Summary Judgment.
26 n. Settlement/Alternative Dispute Resolution (ADR):
27 Plaintiffs have not been responsive to communication by Defendants.
28 Therefore, settlement has not yet been discussed.
4 Case No. 5:16-cv-01518 JGB(DTBx)
RULE 26(f) REPORT
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1 o. Trial Estimate:
2 Court trial lasting three to five days. Defendants anticipate calling three to
3 five witnesses.
4 p. Trial Counsel:
5 Rachel C. Zwernemann
6 q. Independent Expert or Master:
7 n/a
8 r. Timetable:
9 See attached.
10 s. Other Issues:
11 Issues presented by Plaintiffs’ failure to respond to meet and confer efforts.
12
13
14 DATED: September 19, 2016 GREEN & HALL, LLP
15
16
By: /s/ Rachel C. Zwernemann
17
Howard D. Hall
18 Rachel C. Zwernemann
19 Attorneys for Defendants
The Bank of New York Mellon as Trustee for
20 Structured Asset Mortgage Investments II Inc.
21 Mortgage Pass-Through Certificate Series 2005-
AR8 and Nationstar Mortgage LLC
22 (erroneously sued as Nation star Mortgage)
23
24
25
26
27
28
5 Case No. 5:16-cv-01518 JGB(DTBx)
RULE 26(f) REPORT
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EXHIBIT A
Case 5:16-cv-01518-JGB-DTB Document 31
26 Filed 09/19/16
08/18/16 Page 7 of 7 Page ID #:246
#:215

JUDGE JESUS B. BERNAL

EXHIBIT A: SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET

5:16-cv-01518-JGB-DTB
Case No.
Socorro Diaz & Francisco Diaz v. GB Inland Properties, LLC et al.
Case Name
Plaintiff(s)' Defendant(s)' Court's
Matter Request Request Order
mo/day/year mo/day/year
Jury Trial or Court Trial
(Tuesday at 9:00 a.m.) 10/03/2017
Length: ______ Days

Final Pretrial Conference [L.R. 16] and

Hearing on Motions In Limine 9/11/2017
(Monday − two (2) weeks before trial
date)

Last Date to Conduct Settlement

7/7/2017
Conference

Last Date to Hear Non−discovery Motions 8/7/2017

(Monday at 9:00 a.m.)

All Discovery Cut−Off (including hearing

11/ 7/7/2017
all discovery motions)

Expert Disclosure (Rebuttal) 4/7/2017

Expert Disclosure (Initial) 3/3/2017

Last Date to Amend Pleadings 11/14/2016

or Add Parties

ADR [L.R. 16−15] Settlement Choice:

Attorney Settlement Officer Panel

Private Mediation

Magistrate Judge
Defendants propose a settlement conference with the Magistrate Judge.

Revised − July 2013 −7−