Maurice Heffernan, et al. v. Nationstar Mortgage, LLC, et al

Case Number

24CV00900

Case Type

Hearing Date / Time

Wed, 07/17/2024 - 10:00

Nature of Proceedings

1. Demurrer of Defendant Nationstar Mortgage, LLC to Plaintiffs’ First Amended Complaint; 2. Demurrer of Defendant Newrez, LLC to Plaintiffs’ First Amended Complaint

Tentative Ruling

For Plaintiffs Maurice Heffernan and Susan Heffernan: Patricia Rodriguez                

For Defendant Nationstar Mortgage, LLC dba Mr. Cooper: Andrea M. Hicks                

For Defendant Newrez, LLC fka Specialized Loan Servicing, LLC: Robert W. Norman Jr. and Alexandra Coronado King                            

For Defendant Quality Loan Service Corporation: Daniel J. Goulding                           

For Defendant Affina Default Servvices: No appearance                           

For Defendant McCarthy & Holthus: No appearance      

RULING

For the reasons set forth herein:

1. The hearing on the demurrers is continued to August 21, 2024, at 10:00 a.m. in this department.
2. All parties shall fully comply with Santa Barbara County Superior Court Local Rule 1308 no later than July 31, 2024.

Background

This action commenced on February 20, 2024, by the filing of the original complaint by Plaintiffs Maurice Heffernan and Susan Heffernan against several Defendants. The original complaint contains 12 causes of action pertaining to foreclosure proceedings of Plaintiffs’ residence located at 1202 Del Oro Avenue, Santa Barbara.

On March 22, 2024, this action was removed to federal court on the basis of federal question. While in federal court, on April 23, 2024, Plaintiffs apparently filed a first amended complaint.

On May 8, 2024, this action was remanded from federal court because Plaintiffs dismissed all of their federal claims.

Defendants Nationstar Mortgage, LLC and Newrez, LLC now demur to Plaintiffs’ first amended complaint.

Plaintiffs oppose the motions.

Analysis

The Superior Court of Santa Barbara County, Local Rules, rule 1308, requires:

“After an action is removed to federal court, remand from the federal court to the state court is effected when the federal court clerk sends a certified copy of the order on remand to the clerk of the superior court. Documents filed in federal court after removal are not provided to the superior court. To complete the superior court’s file after remand, within 30 days of the filing of the order of remand, each party shall file a declaration describing the material pleadings that party filed in the federal action and the pertinent orders or rulings entered in the federal action. Certified or conformed copies of all such pleadings and papers shall be attached to the declaration.”

The first amended complaint, filed in federal court, was not provided. Because the court is not in possession of the first amended complaint, to which the demurrers are directed, it is not possible to rule on the demurrers and the matter needs to be continued. The parties will be ordered to comply with the local rule, and the hearing date will be continued.