Case Number:?BC640110????Hearing Date:?March 11, 2019????Dept:?58
Hearing Date:??????????????March 11, 2019
Case Name:?????????????????Guerrero v. Nationstar Mortgage LLC, et al.
Case No.:????????????????????BC640110
Motion:???????????????????????Motion to Compel
Moving Party:?????????????Plaintiff Olivia Guerrero
Responding Party:??????Defendant Nationstar Mortgage LLC
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Tentative Ruling:??????The Motion to Compel is granted in part.?
This is an action arising from an allegedly wrongful foreclosure.??On June 19, 2017, Plaintiff filed the operative First Amended Complaint alleging causes of action for (1) violation of HBOR, (2) violation of UCL, (3) breach of the implied covenant of good faith and fair dealing, (4) declaratory relief, (5) injunctive relief, (6) wrongful foreclosure, (7) vacate and set aside foreclosure sale, (8) cancellation of trustee?s deed upon sale, and (9) quiet title.
Plaintiff seeks to compel responses to her requests for production, set two; specifically, Plaintiff seeks further responses from Defendant Nationstar Mortgage, LLC as to requests 22-30, 32, and 33.??Plaintiff contends that Defendant asserted meritless objections as to such requests.
Request 22 seeks all documents evidencing or referring to Defendant?s servicing agreement, U.S. Bank National Association, as Trustee for the Holders of the WMALT 2006-AR4.??Because Defendant does not discuss the propriety of its objections as to request 22, the Motion is granted as to request 22.
As to the remaining requests for production, they seek writings evidencing or referring to complaints relating to HBOR violations filed against Defendant in the Superior Court for the counties of Orange, Los Angeles, and Ventura, the Better Business Bureau, and other consumer protection agencies.??These requests also seek all documents pertaining to the disposition of such complaints.??Plaintiff contends that these requests are relevant to establishing intentional conduct warranting treble damages.
The Motion is denied as to requests 24-30, 32, and 33 because such requests seek documents which are not commensurate with the scope of this action and compliance would be overburdensome.
As to request 23 which relates to complaints (and associated documents) filed in the Superior Court for the County of Los Angeles, the Court limits this request to the last ten complaints asserting HBOR violations filed before this action was filed on November 7, 2016 (before November 7, 2016).??Once Plaintiff receives such complaints and other documents, Plaintiff may check the docket for each case to determine its disposition.
In sum, the Motion to Compel is granted, on a limited basis, in part as set forth herein.??The Court declines to award sanctions.