Malakeh M. Saatchi vs. Ocwen Loan Servicing LLC

Motion for Terminating Sanctions

Cal. Super. - 4th Dist.September 29, 2014

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ERIC D. HOUSER (SBN 130079) JASON K. BOSS (SBN 228147) HOUSER & ALLISON, APC 9970 Research Drive Irvine, California 92618 Telephone: (949) 679-1111 Facsimile: (949) 679-1112 Email; jboss@houser-law.com Attorneys for Defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Indenture Trustee for GreenPoint Mortgage Funding Trust 2006-OH], Mortgage Pass-Through Certificates, Series 2006-OH1, and Litton Loan Servicing, LP SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ORANGE-CENTRAL JUSTICE CENTER MALAKEH M. SAATCHI, ) Case No.: 30-2014-00747759-CU-BC-CJC ) Plaintiff, ) Honorable James J. Di Cesare v. ) ) NOTICE OF MOTION AND MOTION OCWEN LOAN SERVICING, LLC, a ) FOR TERMINATING SANCTIONS Delaware Corporation, Sub-Servicer for ) AGAINST PLAINTIFF MALAKEH M. LITTON LOAN SERVICING, LP; LITTON ) SAATCHI, ORIN THE ALTERNATIVE, LOAN SERVICING, LP; DEUTSCHE BANK) FOR EVIDENTIARY SANCTIONS AND NATIONAL TRUST COMPANY AS ) TO RE-SET DEFENDANTS’ MOTION TRUSTEE FOR GREENPOINT ) FOR SUMMARY JUDGMENT, AND FOR MORTGAGE FUNDING TRUST 2006-OH1, ) $3,062.15 IN MONETARY SANCTIONS MORTGAGE PASS THROUGH AGAINST PLAINTIFF MALAKEH M. CERTIFICATES, SERIES 2006-OH1; and SAATCHI; MEMORANDUM OF POINTS DOEST 1 through 50 inclusive, AND AUTHORITIES; DECLARATION OF JASON K. BOSS, ESQ. FILED IN Defendants. SUPPORT HEREOF RESERVATION #: 715421413 HEARING DATE: May 26, 2016 TIME: 1:30 p.m. DEPT.: Clé6 N a r ? N a e N r N r N e a N a N a a t N e ’ a e N a ’ TO PLAINTIFF MALAKEH M. SAATCHI AND/OR HER COUNSEL OF RECORD AND TO ALL INTERESTED PARTIES HEREIN: PLEASE TAKE NOTICE that on May 26, 2016 at 1:30 p.m. or as soon thereafter as it may be heard, in Department C16 ofthe above-entitled court located at 700 Civic Center Drive Motion for Terminating Sanctions, or in the Alternative, Evidentiary and Monetary Sanctions - 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 West, Santa Ana California 92701, Defendants Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company, as Indenture Trustee for GreenPoint Mortgage Funding Trust 2006-OHI, Mortgage Pass-Through Certificates, Series 2006-OH1 (“Deutsche Bankas Trustee”), and Litton Loan Servicing, LP (“Litton”) (jointly “Defendants™) will present for hearing a Motion for an Order of this Court: I. for terminating sanctions and/or an order dismissing this action filed by Plaintiff Malakeh M. Saatchi (“Plaintiff”) pursuant to Calif. Code of Civ. Proc. §§ 2023.010, 2023.030(d)(2)(3) and 2024.450(h), or, in the alternative, if this Court is not included to issue terminating sanctions, 2. for an Order ofthis Court for evidentiary sanctions against Plaintiff that this Court deems just and proper, specifically that Plaintiff be prevented from introducing any evidence and/or testimony throughoutthis case, including through declaration and/or attrial (Calif. Code of Civil Proc. §2023.030) and 3. because Plaintiff's repeated non-appearance at her deposition (even after this Court’s January 28, 2016 Order compelling Plaintiff to appear for deposition) has prevented Defendants from preparing and filing Motions for Summary Judgment,or,in the alternative, motion for adjudication ofthe issues (“MSJs”) by the current deadline given the current MSJs hearing dates of June 16, 2016, that Defendants be permitted to re-schedule their MSJ to a date available to the Court in late July/early August (and/or to a time convenient to the Court); and 4. for an Order awarding Monetary Sanctions totaling $3,062.15 against Plaintiff and in favor of Defendant dueto the filing of this Motion, Plaintiff's continued violation of the Discovery Act, and violation of this Court’s January 28, 2016 Order compelling Plaintiff to appear for deposition by February 29, 2016, which Plaintiff did not comply with (C.C.P. §2025.450(h)); and/or 5. for such other further relief as this Court deems just and proper. This Motion is made on the groundthat Plaintiff has once again failed to appearfor a noticed deposition, a deposition that was noticed pursuant to this Court’s January 28, 2016 prior Motion for Terminating Sanctions, or in the Alternative, Evidentiary and Monetary Sanctions - 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order granting Defendants’ Motion to Compel Plaintiff’s deposition and for monetary sanctions, which required that Plaintiff appear for deposition by no later than February 29, 2016. The latest deposition was scheduled by Defendants after inquiring of Plaintiff’s counsel no less than four (4) timesof available dates, and was scheduled for February 26, 2016 pursuantto a duly noticed Amended Notice of Deposition. Plaintiff has failed to appear and/or refused to appear for deposition no less than seven (7) timesin this case, the first deposition initially being noticed for June 29, 2015. On January 28, 2016, this Court granted Defendants’ Motion to Compel the Deposition of Plaintiff and awarded monetary damagestotaling $1,126.00, which have not been paid. The Court ordered that Plaintiff appear for deposition by later than February 29, 2016. The latest deposition was re- noticed for February 26, 2016. Yet, Plaintiff once again failed to appear. Defendants have once again gone well beyond in their reasonable attempts to avoid this Motion and take Plaintiff’s deposition. Defendants sought Plaintiff’s availability through her counsel on January 28, 29, and February 4, 2016, and having received no availability, set and noticed the deposition for February 26, 2016. Defendants received no objection or communication from Plaintiff or her counsel concerning her deposition prior to the February 26, 2016 deposition date, and Plaintiff once again failed to appear for her deposition on February 26, 2016, resulting in a Certificate of Non-Appearance being taken. Even after the non-appearance, Defendants’ counsel wrote Plaintiff's counsel on March 11, 2016 inquiring to see if Plaintiff desired to avoid this present Motion and to inquire into the reason for her continued non- appearance. Defendants’ counsel received no response to his March 11, 2016 letter, requiring the filing of this Motion. Because of Plaintiff’s repeated failures to appear, non-compliance with this Court’s January 28, 2016 Order compelling Plaintiff to appear for her deposition, non-paymentof the previously awarded monetary sanctions, and Plaintiff and Plaintiff's counsel’s silence as to Motion for Terminating Sanctions, or in the Alternative, Evidentiary and Monetary Sanctions - 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff’s deposition and apparent disinterest in complying with the Discovery Act and Plaintiff’s obligations under the C.C.P., terminating sanctions are warranted as there is no good faith reason or justification for Plaintiff's continued and repeated refusal to sit for deposition; especially after this Court has already ordered her to appear for deposition by February 29, 2016, and she has again failed to do so. This Motion is supported by this notice, the memorandum of points and authorities attached hereto, the declaration of Jason K. Boss, Esq. filed concurrently herewith and supporting documents, this Court’s January 28, 2016 Order granting Defendants’ previous Motion to Compel the Deposition of Plaintiff and for Monetary Sanctions, the papers and documents on file in this action, and on such other and further evidence that may be presented at the hearing ofthis matter. Respectfully Submitted, Dated: April 6, 2016 HOUSER & ALLISON, APC 1N0 J(SORK-Dyss Esq., Attorneys for Defendant Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Indenture Trustee for GreenPoint Mortgage Funding Trust 2006-OH], Mortgage Pass-Through Certificates, Series 2006- OHI, and Litton Loan Servicing, LP Motion for Terminating Sanctions, or in the Alternative, Evidentiary and Monetary Sanctions - 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 9970 Research Drive, Irvine, CA 92618. On april, 2016, I served the following document(s) described as follows: NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF MALAKEH M. SAATCHI, OR IN THE ALTERNATIVE, FOR EVIDENTIARY SANCTIONS AND TO RE-SET DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND FOR $3,062.15 IN MONETARY SANCTIONS AGAINST PLAINTIFF MALAKEH M. SAATCHI; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JASON K. BOSS, ESQ. FILED IN SUPPORT HEREOF On the following interested parties in this action: SALISBURY GROUP, INC. Lisa G. Salisbury, Esq. 3720 S. Susan Street, Suite #110 Santa Ana, California 92704 Telephone: (949) 251-4600 Facsimile: (949) 251-4604 Email: [salisbury@salisburygroupinc.com Attorneysfor PlaintiffMalakeh Saatchi [X] VIA FIRST CLASS MAIL-CCP §§ 1013(a); 2015.5 and/or FRCP 5: By placing a true copy thereof enclosed in a sealed envelope(s) addressed as above, and placing each for collection and mailing on the date following ordinary business practices. I am readily familiar with my firm’s business practice and collection and processing of mail with the United States Postal Service and correspondence placed for collection and mailing would be deposited with the United States Postal Service at Irvine, California, with postage thereon fully prepaid that same day in the ordinary course ofbusiness. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on aprit(g 2016 at Irvine, (alifornig. Courtney{ He\shey Proof of Service - 1