JOY RAMOS VS. OCWEN LOAN SERVICING, LLC

Summary: Attorney John Stringer represents the plaintiff in a foreclosure lawsuit. The defendants filed various motions challenging the sufficiency of the allegations in the complaint.

Based on what Stringer alleged in the lawsuit, the judge granted the motions and dismissed the lawsuit.



From the Judge and Court File:

John Stringer represents the plaintiff.




The lawsuit alleged several foreclosure related claims. Generally, as stated in the first cause of action the lawsuit John Stringer filed alleged:

Plaintiff Joy Ramos, hereinafter referred to as Plaintiff, is the owner of a home at 223 Oakridge Drive, Daly City, CA 94014 and Defendants Ocwen, Fidelity Title and Residential Mortgage, hereinafter referred to as Defendants are the business entities that are attempting to foreclose on Plaintiff's property without just cause.

With the full knowledge that Plaintiff was the victim of predatory lending practices by Defendant Residential Mortgage Capital, Defendants engaged in a course of action designed to unjustly foreclose on Plaintiff's mortgage and evict her from her home causing severe emotional distress to Plaintiff.

Defendants intentional conduct is outrageous in that Defendants, and each of them, abused a contract relationship which gave Defendants the power to damage Plaintiff's interest and intentionally and unreasonably acted with recognition that Defendants acts were likely to result in illness through mental distress and in fact did cause severe emotional distress.




The title company, Fidelity National Title, filed a demurrer claiming the allegations Stringer wrote did not state a claim against the company.

In a tentative ruling the judge first said there were no allegations of how the title company engaged in predatory lending.




The judge said there were no factual allegations against the title company.




The judge said said the complaint John Stringer, Esq., prepared failed to allege facts to state a claim for fraud.




Then the court said although Stringer's lawsuit checked a box alleging negligence, there was no attached cause of action or supporting facts showing negligence.




The judge then said attorney Stringer had not bothered to file an opposition to defendant's motion.




Ultimately, as a final ruling the judge then granted judgment for defendant against Mr. Stringer's client.




The loan servicing company, Ocwen, filed a motion to dismiss. According to the judge, this defendant had filed a motion for judgment on the pleadings, which the court granted. However, the court gave attorney John Stringer an opportunity to amend the complaint to allege claims. The judge said Stringer had 35 days to file a new complaint but he did not do so.

The judge said attorney John Stringer also failed to file a motion to file a late amended complaint. The court said no excuse had been made for the failure to act.




The court file indicates attorney John Stringer filed a motion asking the judge to reconsider the dismissal. The judge denied the motion, noting no declaration was filed to justify a reconsideration.




What about the third defendant listed in the complaint - Residential Mortgage Capital? We did not see anything in the court file indicating they were ever served with the lawsuit.

It is a terrible situation if someone is the victim of predatory lending, being foreclosed on with a company trying to evict someone from their family home. Very stressful.

It might be worse if their attorney cannot even allege sufficient facts in a lawsuit to state a claim. Here, the defendants filed motions where - based on what Stringer drafted - the court could dismiss the lawsuit. No need to consider the facts or even have a trial.

The judge even gave the attorney an opportunity to file a second amended complaint. He failed to to so.

Then, when he asked the judge to reconsider his failure to file a new pleading he failed to provide a declaration providing the facts and grounds to reconsider the ruling.

Would we hire attorney John Stringer to be an attorney?

No. Not because he lost a motion, or a case, but the way in which he lost it. An explanation is needed.

We do not understand how an attorney could fail to allege sufficient facts in a lawsuit to state a claim. We do not understand how an attorney could fail to file an amended lawsuit after being given the opportunity by the judge. We do not understand how attorney could fail to file a declaration that would allow a ruling to be reconsidered.

Too much is at stake - a person's home - for this multitude of failures.

was admitted to the California Bar in 1998. Bar Number 194556.

259 Oak Street
San Francisco, California 94102

Law School: San Francisco Law School