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ALVISO v. SELECT PORTFOLIO SERVICING, INC., 2:15-1368 WBS KJN. (2015)

Court: District Court, E.D. California Number: infdco20150812837 Visitors: 13
Filed: Aug. 11, 2015
Latest Update: Aug. 11, 2015
Summary: 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 e
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ORDER

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.

Source:  Leagle

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