Schneider v. Molina

United States District Court for the Southern District of California

Schneider v. Molina

Trial Court Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JULIE SCHNIEDER, Case No.: 22-cv-1666-CAB-DDL

13 Plaintiff, ORDER DENYING MOTION FOR 14 v. RECONSIDERATION

15 ALICIA MOLINA, et al, [Doc. No. 35] 16 Defendants. 17 18 Plaintiff Julie Schneider filed this action on October 26, 2022, alleging the wrongful 19 foreclosure of her home at 9272 Brookside Circle, Spring Valley, CA. The Court dismissed 20 with prejudice Plaintiff’s sole federal claim under the Fair Debt Collection Practices Act 21 (“FDCPA”) on January 26, 2023. Plaintiff has since filed multiple documents not in 22 compliance with the local rules, which were rejected by the Court. 23 Plaintiff now files a motion for reconsideration, presumably under Federal Rule of 24 Civil Procedure 60(b), and asks the court to issue default judgment on Defendants Nestor 25 Trustee Services, Freedom Mortgage Corporation, Stan Moskowitz, and Stanly 26 Middleman. “The moving party under Rule 60(b) is entitled to relief from judgment for the 27 following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly 28 discovered evidence; (3) fraud, misrepresentation, or other misconduct of an adverse party; 1 || (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; or 2 ||(6) any other reason justifying relief from the operation of the judgment.” Am. Ironworks 3 || & Erectors, Inc. v. N. Am. Const. Corp.,

248 F.3d 892

, 899 (9th Cir. 2001). 4 Plaintiff does not satisfy the requirements for reconsideration. Plaintiff merely states 5 || that foreclosure has been “fully brought” on the home. No new facts have been raised for 6 ||the Court to reconsider, nor has Plaintiff pointed the Court to any new law that would 7 \lrender Plaintiff's FDCPA claim actionable. Therefore, Plaintiff’s motion for 8 ||reconsideration is DENIED. This case remains CLOSED. No further filings will be 9 || accepted. 10 11 It is SO ORDERED. 12 || Dated: October 18, 2023 € ZL 13 Hon. Cathy Ann Bencivengo 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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