719 Fed.Appx. 637 (9th Cir. 2018), 16-56803, Karunaratne v. U.S. Bank

Docket Nº:16-56803
Citation:719 Fed.Appx. 637
Party Name:KANCHANA KARUNARATNE, an individual and CARLA KARUNARATNE, an individual, Plaintiffs-Appellants, v. U.S. BANK, as trustee, successor in interest to Wachovia Bank, National Association as trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-A6 (erroneously sued as U.S. Bank, National ...
Attorney:For KANCHANA KARUNARATNE, an individual, Plaintiff - Appellant: Patricia Renee Rodriguez, Attorney, Rodriguez Law Group, Inc., Pasadena, CA. For U.S. BANK, as trustee, successor in interest to Wachovia Bank, National Association as trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan...
Judge Panel:Before: SCHROEDER and M. SMITH, Circuit Judges, and DRAIN, District Judge.
Case Date:April 13, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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719 Fed.Appx. 637 (9th Cir. 2018)

KANCHANA KARUNARATNE, an individual and CARLA KARUNARATNE, an individual, Plaintiffs-Appellants,

v.

U.S. BANK, as trustee, successor in interest to Wachovia Bank, National Association as trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-A6 (erroneously sued as U.S. Bank, National Association); OCWEN LOAN SERVICING, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; WESTERN PROGRESSIVE, LLC; DOES, 1-10, Defendants-Appellees.

No. 16-56803

United States Court of Appeals, Ninth Circuit

April 13, 2018

Submitted April 10, 2018 [**], Pasadena, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the Southern District of California. D.C. No. 3:16-cv-00843-JLS-KSC. Janis L. Sammartino, District Judge, Presiding.

COUNSEL:

For KANCHANA KARUNARATNE, an individual, Plaintiff - Appellant: Patricia Renee Rodriguez, Attorney, Rodriguez Law Group, Inc., Pasadena, CA.

For U.S. BANK, as trustee, successor in interest to Wachovia Bank, National Association as trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-A6 (erroneously sued as U.S. Bank, National Association), Ocwen Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Western Progressive, LLC, Defendants - Appellees: Dhruv M. Sharma, McGlinchey Stafford, Irvine, CA.

Before: SCHROEDER and M. SMITH, Circuit Judges, and DRAIN,[***] District Judge.

MEMORANDUM[*]

Plaintiffs-Appellants Kanchana Karunaratne and Carla Karunaratne brought suit against Defendants-Appellees alleging wrongful foreclosure and violations of California Civil Code sections 2924(a)(6) and 2924.17; California Business and Professions Code sections 17200 et seq. and 17500 et seq.; and the covenant of good faith and fair dealing. Plaintiffs-Appellants are borrowers

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and trustors on a deed of trust for residential property in Escondido, California. The gist of their claims is that because...

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