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Alviso v. Select Portfolio Servicing, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Aug 11, 2015
Civ. 2:15-1368 WBS KJN (E.D. Cal. Aug. 11, 2015)

Opinion


MARGARITA ALVISO, Plaintiff, v. SELECT PORTFOLIO SERVICING, INC.; NATIONAL DEFAULT SERVICING CORPORATION; and DOES 1-20, inclusive, Defendants. Civ. No. 2:15-1368 WBS KJN United States District Court, E.D. California. August 11, 2015

          ORDER

          WILLIAM B. SHUBB, District Judge.

         In conjunction with their motion to dismiss, defendants Select Portfolio Servicing, Inc. and National Default Servicing Corporation request an order pursuant to Federal Rule of Civil Procedure 19 joining Pablo Perez-Najera as a party. (Defs.' Mem. at 3-5 (Docket No. 4).) Defendants state that Perez-Najera is a co-borrower with plaintiff Margarita Alviso on the deed of trust securing the mortgage at issue in this action and that failure to join him exposes them to "a substantial risk of incurring double, multiple, or otherwise inconsistent obligations." See Fed.R.Civ.P. 19(a)(1)(B).

         At oral argument on August 10, 2015, counsel for plaintiff represented he could provide the court with a document establishing that Perez-Najera claims no interest relating to the subject matter of this action and that Perez-Najera will accept any judgment of this court regarding the subject matter of this lawsuit as binding on him.

         IT IS THEREFORE ORDERED that plaintiff shall within twenty days from the date this Order is signed file documentation establishing that her co-borrower, Pablo Perez-Najera, claims no interest relating to the subject matter of this action and agrees to accept any judgment of this court regarding that subject matter as binding on him. The court will withhold ruling on the other aspects of defendants' motion to dismiss pending receipt of such documentation. If plaintiff chooses not to file such documentation, the court will proceed at the conclusion of twenty days from the date of this Order to decide the motion to dismiss.


Summaries of

Alviso v. Select Portfolio Servicing, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Aug 11, 2015
Civ. 2:15-1368 WBS KJN (E.D. Cal. Aug. 11, 2015)
Case details for

Alviso v. Select Portfolio Servicing, Inc.

Case Details

Full title:MARGARITA ALVISO, Plaintiff, v. SELECT PORTFOLIO SERVICING, INC.; NATIONAL…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 11, 2015

Citations

Civ. 2:15-1368 WBS KJN (E.D. Cal. Aug. 11, 2015)