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

Case Number

24CV00900

Case Type

Hearing Date / Time

Wed, 08/21/2024 - 10:00

Nature of Proceedings

1. Demurrer of Defendant Nationstar Mortgage, LLC to Plaintiffs’ First Amended Complaint (filed in Federal Court) 2. Demurrer of Defendant Newrez, LLC to Plaintiffs’ First Amended Complaint (filed in Federal Court)

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 demurrers are taken off-calendar as moot.

            2. The parties that have been served with the first amended complaint shall file responsive pleadings no later than September 23, 2024.

            3. Plaintiffs shall give notice of this ruling no later than August 23, 2024, and file proof of service with the court.

Background and Analysis

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 demurred to plaintiffs’ first amended complaint that was filed in federal court.

Plaintiffs opposed the demurrers.

The demurrers were originally scheduled to be heard on July 17, 2024, where the hearing was continued because the court was not in receipt of the first amended complaint that was filed in federal court. Because none of the parties had done so, other than Newrez, the parties were all ordered to comply with Santa Barbara County Superior Court Local Rule 1308 no later than July 31, 2024. None of the parties complied. If the parties disregard court orders again, the court will issue orders to show cause why sanctions should not issue pursuant to Code of Civil Procedure section 177.5.

On July 30, 2024, plaintiffs filed a first amended complaint in this court. Because the parties failed to comply with Local Rule 1308 and provide a copy of the first amended complaint that was filed in federal court, the court does not know if the first amended complaint filed here is the same, or even similar, to the one filed in federal court. 

Because the demurrers are directed at the first amended complaint that was filed in federal court, the demurrers are moot.

Defendants will be given the appropriate amount of time to file a proper responsive pleading to the July 30, 2024, first amended complaint.