STIPULATION TO CONTINUE THE HEARING ON DEFENDANTS' MOTION TO DISMISS AND STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

TO THE COURT IN THE ABOVE ENTITLED ACTION:

Defendants Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch Mortgage Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP; Recontrust Company, N.A.; Mortgage Electronic Registration Systems, Inc., and Plaintiffs Muhamed Almutarreb and Sophia Almutarreb (collectively "Parties") by and through their counsel of record, hereby enter into the following stipulation to continue the Case Management Conference and the hearing on Defendants' Motion to Dismiss and Strike the First Amended Complaint.

WHEREAS, On June 14, 2012 Plaintiffs Muhamed Almutarreb and Sophia Almutarreb ("Plaintiffs") filed a complaint against Defendants Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch Mortgage Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP; Recontrust Company, N.A.; Mortgage Electronic Registration Systems, Inc. ("Defendants").

WHEREAS, On July 16, 2012, Defendants filed a Motion to Dismiss Plaintiffs' Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(6). The Motion to Dismiss was scheduled to be heard on September 28, 2012. However, on September 24, 2012 the Court determined that the matters were appropriate for resolution without oral argument and vacated the hearing, pursuant to Civil Local Rule 7-1(b). The Court denied Defendants' Motion to Dismiss as to Plaintiffs' claim under Civil Code §2923.5 and Granted with prejudice as to all remaining claims except for claims for violation of FDCPA, RESPA, Quiet Title, Wrongful Foreclosure under Civil Code §2923.6 and Accounting, which were dismissed with prejudice. The Court granted Plaintiffs leave to amend the remaining causes of action for declaratory relief, negligence, quasi contract, wrongful foreclosure, violation of California Business and Professions Code § 17200, and fraud.

WHEREAS, Plaintiffs filed a First Amended Complaint on November 7, 2012.

WHEREAS, on November 28, 2012, Defendants filed and served an Answer to the Civil Code §2923.5 claim, a Motion to Dismiss the First Amended Complaint, and a Motion to Strike the First Amended Complaint.

WHEREAS, The initial Case Management Conference ("CMC") is currently scheduled for hearing in this Court on January 3, 2013 at 1:30 p.m.

WHEREAS, Defendants' Motion to Dismiss and Motion to Strike the First Amended Complaint is currently scheduled for hearing in this Court on January 3, 2013 at 1:30 p.m.

WHEREAS, Good cause exists to continue the CMC and the hearing on Defendants' Motion to Dismiss and Motion to Strike the First Amended Complaint because of a conflict with Plaintiffs' counsel's schedule. Counsel for Plaintiffs recently became aware of this scheduling conflict and notified Counsel for Defendants on December 11, 2012.

WHEREFORE, the Parties, by and through their respective counsel of record, hereby agree and request this Court to continue the CMC and the hearing on Defendants' Motion to Dismiss and Motion to Strike the First Amended Complaint, for an additional 21 to 28 days, or to a date that is convenient for the Court. A Joint Case Management Statement will be filed seven (7) days before the date of the continued CMC.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Having reviewed the above stipulation of Defendants Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch Mortgage Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP; ReconTrust Company, N.A.; Mortgage Electronic Registration Systems, Inc. ("Defendants"), and Plaintiffs Muhamed Almutarreb and Sophia Almutarreb ("Plaintiffs") and good cause appearing therefore, the Case Management Conference and the hearing on Defendants' Motion to Dismiss and Motion to Strike the First Amended

Complaint, scheduled for January 3, 2013, is hereby continued to January 31, 2013 at 1:30 a.m./p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.