Case 5:16-cv-01518-JGB-DTB Document 54 Filed 01/09/17 Page 1 of 2 Page ID #:666

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

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

Case No. EDCV 16-1518-JGB

12 Plaintiffs,
RESPONSE TO PLAINTIFFS’
ATTORNEYS AT LAW
SAN DIEGO, CALIFORNIA 92101

13 v. CONSOLIDATED OPPOSITION
1770 FOURTH AVENUE

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

22 Quality Loan Service Corporation (“Quality”) respectfully submits the

23 following Response to Plaintiffs’ Consolidated Opposition to Defendants’ Motions
24 to Dismiss the First Amended Complaint.
25 PLAINTIFFS FAIL TO MEANINGFULLY OPPOSE QUALITY’S MOTION
TO DISMISS AND THE MOTION MUST BE GRANTED.
26

27 In its moving papers, Quality provides the court with three (3) separate basis
28 upon which to grant the motion as to all of Plaintiffs’ causes of action.
1
RESPONSE TO PLAINTIFFS’ CONSOLIDATED OPPOSITION TO DEFENDANTS’ MOTIONS TO
DISMISS
 Case 5:16-cv-01518-JGB-DTB Document 54 Filed 01/09/17 Page 2 of 2 Page ID #:667

1 Additionally, Quality provides specific basis for granting the motion as to each of
2 the six (6) asserted causes of action. In opposition, Plaintiffs lob in a
3 “consolidated” brief which fails to meaningfully address any of the arguments in
4 support of Quality’s motion. And more importantly given Quality’s limited role as
5 nonjudicial foreclosure trustee, Plaintiffs fail to detail the actions that Quality
6 purportedly took which would remove it from the protections afforded under the
7 exhaustive statutory scheme governing nonjudicial foreclosures. Since Plaintiffs
8 failed to substantively oppose the motion, the court should grant the pleading.
9 THERE ARE NO FACTS THAT CAN BE ALLEGED WHICH WOULD
CURE THE DEFECTS IN THE PLEADING SO IT IS PROPER TO DENY
10 LEAVE TO AMEND.
11 Plaintiffs have already once amended their flawed pleading and even the
McCARTHY & HOLTHUS, LLP

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

12 amendment fails to cure the defects. In their response, Plaintiffs provide no

additional facts or offer of prove as to facts that could or would be alleged to
ATTORNEYS AT LAW
SAN DIEGO, CALIFORNIA 92101

13
1770 FOURTH AVENUE

14 remedy the defects. For this reason, when the court grants Quality’s motion, it is
15 proper to deny leave to amend.
16 CONCLUSION
17 Plaintiffs fail to state any cognizable claim against Quality. Moreover,
18 Plaintiffs were already given an opportunity to amend the pleadings and even with
19 the benefit of counsel, cannot produce facts to support their claims. Quality
20 requests that Plaintiffs’ FAC be dismissed forthwith, with prejudice.
21

22 Dated: January 9, 2017 Respectfully submitted,

23 McCARTHY & HOLTHUS, LLP
24
By: /s/ L. Butler
25 Leticia “Tia” Butler, Esq.
Attorney for Defendant,
26 Quality Loan Service Corporation
27

28
2
RESPONSE TO PLAINTIFFS’ CONSOLIDATED OPPOSITION TO DEFENDANTS’ MOTIONS TO
DISMISS