1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Lenore L. Albert, Esq. SBN 210876 LAW OFFICES OF LENORE ALBERT 7755 Center Avenue , Suite #1100 Huntington Beach, CA 92647 Telephone (714) 372-2264 Facsimile (419) 831 -3376 Email: lenorealbert@ msn.com Attorney for Plaintiffs and the Class

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EDDIE YAU and GLORIA YAU , on CASE NO. SACV 11-6 JVS (RNBx) behalf of themselves and all others similarly situated, Assigned to the Hon. James V Serna NOTICE OF TH E DECISION OF THE vs. COURT DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS , and AURORA LOAN SERVICES, LLC, Complaint filed: 01/03/11 Inclusive, Trial date: None set Defendants. Hearing date: 01/28/11 TO ALL PARTIES, THEIR AGENTS AND TH EIR ATTORNEYS OF RECORD: PLEASE TAK E NO TICE that plaintiffs Eddie Yau and Gloria, on behalf of themselves and those similarly situated, applications dated 1/19/11 (Docket No. 20) and 1/24/11 (Docket No. 30) came on for hearing on Order to Show Cause why a preliminary NOTICE OF TH E DECISION OF THE COURT
Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

Plaintiffs,

1 2

injunction should not issue in this case and why the defendants Aurora Loan Services, LLC and Deutsche Bank National Trust Company Americas should not be found in

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

contempt of the January 7, 2011 Stipulation entered into between the parties in this case and the Order issued thereon. Lenore L. Albert, Esq. of the Law Offices of Lenore Albert appeared on behalf of the named plaintiffs, and those similarly situated. Victoria Edwards, Esq., Todd Booken, Esq. and Donald Scotten, Esq. of Akerman Senterfitt, LLP appeared on behalf of defendants Deutsche Bank National Trust Company Americas and defendant Aurora Loan Services, LLC. Esq. Melissa Robin Coutts, Esq. of M cCarthy & Holthus, LLP appeared on behalf of Quality Loan Services Corporation. After considering all papers filed thereon and hearing argument of counsel, the Honorable James V. Selna of the Court found as follows: The term proper notice found in the Stipulation at page 2 line 16 which reads:

WHEREAS, Aurora has not agreed to postpone any foreclosure

sales of those plaintiffs not named but allegedly similarly situated absent proper notice to Aurora s counsel on behalf of those specifically-identified individuals. [emphasis added] consists of serving and filing a Notice with the Court that contains the: 1. Name and address of the putative class, and

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2

2. At least one adverse action taken against the putative class member (e.g. filing or recording a Notice of Default, Notice of Sale or like action.).

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

3. It is preferred that a loan number is also contained in the notice, but it is not required. 4. Filing the Notice with the Court is adequate notice. For each Notice identifying a potential property, the Court found that counsel must believe in good faith that the defendants are the trustee, on the declaration of trustee, or is the servicer of the loan. The Court expressly found that the term proper notice does not include the merits. The Court outlined the following procedure to be followed: 1. Plaintiffs counsel is to give Notice to the defendants counsel at least 5 business days before a foreclosure sale. If it is an emergency where 5 business days cannot be given, then the plaintiff should seek an ex parte Order from the

20 21 22 23 24 25 26 27 28

Court to add Notice. 2. Proper notice does not include the merits. However, the parties are required to meet and confer within 21 days to make sure the defendant can comply with the stipulation (that they are the lender/servicer of the home loan in question) and in order to give the plaintiffs counsel time to confer with the putative class

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2

member to demonstrate good faith as to why it believes the defendants are the lender/trustee/servicers of the loan in question.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. Defendants can then apply to dissolve the Notice ten (10) days after the meet and confer period. 4. If the Court grants the Defendants application, no adverse action can be taken against the property at issue for seven (7) days following the date of the Courts signed order. 5. No party is obligated to take any action if the defendant is not the servicer, trustee or lender. After finding the meaning of the term proper notice , the Court further found that proper notice under the Stipulation dated 1/07/11 page 2, line 16 to 18 which reads:

WHEREAS, Aurora has not agreed to postpone any foreclosure

sales of those plaintiffs not named but allegedly similarly situated absent proper notice to Aurora s counsel on behalf of those specifically-identified individuals. [emphasis added] had been properly given as to the following putative class members: Ms. Carmen Arballo and Mr. Otis Banks

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2

The Court also found that Notice to the following subset of the 68 homeowners out the previous 250 homeowners would be valid as to the subset by serving and filing a

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice as to that subset within 24 hours of the hearing:

Rodolfo Herrera

1774 E Belmont Ave

Anaheim

CA

Victor Cervantes

1791 W M inerva Ave

Anaheim

CA

Jorge A Lemus

930 S Flore St

Anaheim

CA

Genaro E Ocampo Bernardo Rodriguez

1236 N M onterey St

Anaheim

CA

18551 Minuet Ln

Anaheim

CA

Jose L Dominguez

10251 Amies Rd

Anaheim

CA

Isaac S Alcala

2213 S Anchor St

Anaheim

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Marcelina Camacho

858 S Claudina St

Anaheim

CA

Brian Ewalt

3335 Rio Vista Dr

Bonita

CA

Larry R Gooss

2117 Treeridge Cir

Brea

CA

Benjamin Jones

1576 Berenice Dr

Brea

CA

Ricky P Perez

6751 Sullivan Pl

Buena Park

CA

George H Welsch

10041 Barbara Cir

Buena Park

CA

Ramon R Rubia
20 21 22 23 24 25 26 27 28

7519 Melrose St

Buena Park

CA

Meng A Prey

6912 Berry Ave

Buena Park

CA

Kristine M Seganti 1562 Piedmont St

Chula Vista

CA

Naomi E Castro

1220 Turtle Cay Way

6

Chula Vista

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12

Ana A Guillen

2253 Colgate Dr

Costa Mesa

CA

Leonidas Alvarado 1074 Vallejo Cir

Costa Mesa

CA

Juan M C Mendoza

861 Darrell St

Costa Mesa

CA

Tae K Clifton
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

9291 Lime Cir

Cypress

CA

Darrell Elliott

8272 Fontainbleau Way

Cypress

CA

Danielle Raabe Annisa Kellie Schroeder

34762 Calle Ramona 2506 Royal Saint James Dr

Dana Point

CA

El Cajon

CA

Jasen Dibella

2055 Falmouth Dr

El Cajon

CA

Martin M aldonado 440 El Rancho Ln

7

Escondido

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Brett W Sturgill

1078 W Arroyo Dr

Fullerton

CA

Chul K Cha

2656 Foxborough Pl

Fullerton

CA

Jose Cuevas

12707 Alonzo Cook St

Garden Grove

CA

James M Taormina

12202 Bartlett St

Garden Grove

CA

Glen A Williams

13581 Yockey St

Garden Grove

CA

Tung Bui
20 21 22 23 24 25 26 27 28

11692 Old Fashion Way

Garden Grove

CA

Shafer James & S Family Trust

1911 Pine St

Huntington Beach

CA

Rodney C Laver

11 Salina

Irvine

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Robert A Garretson

17291 Candleberry

Irvine

CA

Robert Burdick

311 Eunice Cir

La Habra

CA

Chi H Yun

2081 S Augusta Ct # S La Habra

CA

Cesar C Magsombol

5152 Toulouse Dr

La Palma

CA

Arturo A Reyes

7581 Keith Cir

La Palma

CA

Robert Querido
20 21 22 23 24 25 26 27 28

11 Gardenia St

Ladera Ranch

CA

Michael S Hilburn Svetlana Stefanovic

31900 9th Ave

Laguna Beach

CA

25501 Sarita Dr

Laguna Hills

CA

Joanne M Anderson

24291 Park Place Dr

9

Laguna Niguel

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Richard C Y Leong

24532 Via Tonada

Lake Forest

CA

Rockley T Curless

8350 Jadam Way

Lemon Grove

CA

David Cassidy

2120 M assachusetts Ave

Lemon Grove

CA

Alex D Herrera

2972 Aceca Dr

Los Alamitos

CA

Lisa Donald

315 La Purisma Way

Oceanside

CA

Fern M Tyrell

513 W La Veta Ave

Orange

CA

Stanley Greene

1104 N Sacramento St

Orange

CA

Procoro Gomez

2612 E Wilson Ave

Orange

CA

Adrian Garcia

11251 S Colbow St
10

Orange

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Angel Damian

7 Via Puma

Rancho Santa Margarita

CA

Hector Castillo

4 Breezy Mdws

Rancho Santa Margarita

CA

Elisa T Rodriguez

2241 Barney St

San Diego

CA

Zion Yohannes

2222 River Run Dr

San Diego

CA

Nehad Ouri

33801 Via Cascada

San Juan Capistrano

CA

Oliveria Torres Mozo

819 Via Juanita

San M arcos

CA

Nahun LopezRamirez

462 Smilax Rd

San M arcos

CA

Enrique Godinez

1429 S Ross St

Santa Ana

CA

Faustino Lupercio

1102 S Flintridge Dr
11

Santa Ana

CA

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Victor O Mendoza

1230 Hickory St

Santa Ana

CA

David Hayward

13442 San Simeon

Tustin

CA

Moa T Fuimaono

150 Paseo M arguerita

Vista

CA

James H Hansen

1187 Miramar Dr

Vista

CA

Thanhlan Thach

14431 Ontario Cir

Westminster

CA

Jose S P Rivera
20 21 22 23 24 25

8902 Williamsburg Ave

Westminster

CA

Dong W Shin

17214 Blue Spruce Ln

Yorba Linda

CA

With respect to the home of John Frank Barajas and Gloria Barajas, the Court requested counsel to meet and confer further for 2 weeks and for the defendants to take

26 27 28

all reasonable steps and make all reasonable efforts to cease and preserve the status quo. The Court then invited the parties to file and serve further pleadings on this issue.
12

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8

The Court found that Notice Number 3 was proper. The Court further found that proper notice was not given as to Notice Number 1, and that Notice is null. The Court then found based on the defendants declarations that the sale of Carmen Arballos home was rescinded and the property record of rescission was tendered to plaintiffs counsel at hearing; and that no home set for foreclosure sale was sold while the temporary restraining orders were operative, all other aspects of the temporary re straining order issued on 1/19/11 was vacated. The Court also found that based on defendants declarations that all sales of the

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

homes at issue in the temporary restraining order issued on 1/24/11, proper n otice was given. T he Court then dissolved the temporary restraining order Docket No. 10 and discharged the OSC re: contempt. The Court also dissolved the temporary restraining order and denied the preliminary injunction and discharged the OSC re: contempt upon finding Docket Number 30 gave proper notice. The court found that the stipulation remained in full force and effect and expressly stated that the Court s ruling was predicated on the Stipulation. The Court then informed the defendants that they must bring a motion to vacate the entire stipulation by way of noticed motion, if they so choose to do so. The court ordered the hearing on the Temporary Restraining O rder and Order to Show Cause why a Preliminary Injunction should not issue which was filed on January 3, 2011 to be vacated and continued to February 15, 2011 for further briefing and that the foreclosure sale of Eddie Yau and Gloria Yau be further postponed to February 22, 2011. The continued hearing shall be heard on February 15, 2011 at 4:00PM in

26 27 28

Courtroom 10C at the United States District Courthouse for the Central District of California, the Honorable James V. Selna presiding.
13

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This Notice was prepared from the notes taken during the hearing on this matter and not from a recorded transcript. To the extent a signed order conflicts with any part of this Notice, the terms in the Order are substituted in place and stead and incorporated herein. Dated: January 29, 2011 LAW OFFICES OF LENORE ALBERT

/s/ Lenore L. Albert__________________ LENORE L. ALBERT, ESQ. Attorney for Plaintiffs and the Class

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE: I declare that I am over the age of 18 years, and not a party to the within action; that I am employed in Orange County, California; my business address is 7755 Center Avenue Suite #1100,Huntington Beach, CA 92647. On January 29, 2011, I served a copy of the following document(s) described as:

NOTICE OF TH E DECISION OF THE COURT On the interested parties in this action as follows: See attached M ail List [ ] BY OVERNIGH T M AIL I caused such document(s) to be placed in pre-addressed envelope(s) with postage thereon fully prepaid and sealed, to be deposited as Express/Priority M ail for next day delivery at Westminster, California, to the aforementioned addressee(s). [x] BY FAX I caused such document(s) to be transmitted facsimile from the offices located in Westminster, California this business day to the aforementioned recipients. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Dated: January 29, 2011

/s/ Lenore Albert_________________________

Lenore Albert

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Mailing List For Defendant Aurora Loan Services, LLC: Victoria Edwards, Donald M Scotten & Justin D Balser Akerman Senterfitt LLP th 725 South Figueroa Street, 38 Floor Los Angeles, CA 90017-5433 Ph: 213 -688-9500 Fx: 213 -627-6342

For Defendant Deutsche Bank National Trust Company Americas Victoria Edwards, Donald M Scotten & Justin D Balser Akerman Senterfitt LLP th 725 South Figueroa Street, 38 Floor Los Angeles, CA 90017-5433 Ph: 213 -688-9500 Fx: 213 -627-6342 For Third Party Quality Loan Services Corp. Melissa Robbins Coutts, Esq. McCarthy & Holthus, LLP 1770 Fourth Avenue San Diego, CA 92101 Ph: 619 -685-4800 Fax: 619 -685-4811 Email: mcoutts@ mccarthyholthus.com

NOTICE OF TH E DECISION OF THE COURT

Yau v. Deutsche Bank SACV11 -6 JVS (RNBx)

16