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14-3437 - OneWest Bank, NA v. Vaval et al

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14-3437 - OneWest Bank, NA v. Vaval et al
July 19, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART. The Court (1) dismisses the claims against defendant Jane Doe; (2) grants OneWest's motion for a default judgment; and (3) denies OneWest's motion for judgment of foreclosure and sale and its request for damages, costs, and attorney's fees without prejudice. OneWest may renew its requests for a judgment of foreclosure and sale and for damages by submitting the following within thirty (30) days of the date of this Order: (1) a revised proposed order of foreclosure and sale in compliance with this Order; and (2) briefing and supporting documentation regarding the requested damages and attorney's fees. Any defendant who wishes to oppose these submissions may do so within fifteen (15) days of the date that those submissions are filed. So Ordered by Judge Carol Bagley Amon on 7/18/2016. (Lee, Tiffeny)
January 31, 2018
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MEMORANDUM AND ORDER: Accordingly, the Court GRANTS IN PART and DENIES IN PART Plaintiff s request for damages, costs, and fees, and the Court DENIES Plaintiff s construed motion for reconsideration of the June 18, 2016, M&O. The Court DENIES WITH PREJUDICE Plaintiff s request for attorney's fees. The Court AWARDS Plaintiff damages of $580,018.70 of unpaid principal, $214,606.92 of unpaid interest, $90,293.20 in escrow advances, $400.00 in litigation fees, and$97.48 in costs. The Court DIRECTS Plaintiff no later than February 14, 2018, both to submit a new proposed Judgment of Foreclosure and Sale that specifies the conditions for sale and otherwise is consistent with this Memorandum and Order, and to choose a referee for the foreclosure and sale. Ordered by Judge Carol Bagley Amon on 1/31/2018. (Fernandez, Erica)