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2025-01477023·orange·Civil·Mortgage Servicing Litigation
Hearing 11 days agoOVERRULED in part and SUSTAINED in part

Diaz vs. Newrez, LLC

Demurrer to Amended Complaint

Hearing date
Aug 13, 2026
Department
C44
Prevailing
Mixed
Next hearing
Jan 29, 2027

Motion type

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Parties

PlaintiffMartha Diaz
DefendantNEWREZ LLC dba Shellpoint Mortgage Servicing

Ruling

3 Brown vs. Mercedes-Benz USA, LLC

2026-01562993 Motion to Compel Arbitration

Vacated. See minute order dated 8/12/26. 4 Diaz vs. Newrez, LLC

2025-01477023 Demurrer to Amended Complaint

Defendant NEWREZ LLC dba Shellpoint Mortgage Servicing’s demurrer to the 1st through 8th causes of action of the First Amended Complaint of Martha Diaz is OVERRULED in part and SUSTAINED in part as follows:

The demurrer is overruled as to the 1st, 2nd, 4th, 7th and 8th causes of action.

The demurrer is sustained as to the 3rd, 5th and 6th causes of action with ten days leave to amend.

Newrez’s request for judicial notice is granted.

Case Management Conference is scheduled for January 29, 2027 at 8:30 a.m. in Department C44.

Newrez to give notice.

5 Moayedi vs. Pellkofer

2025-01504685 Motion to Be Relieved as Counsel of Record (2)

Hearings vacated. See minute order dated 8/11/26. 6 Moran vs. BBB San Diego, LLC

2025-01518281 Motion to Compel Arbitration

Defendant BBB San Diego, dba Ferrari & Maserati of San Diego’s Motion to Compel Arbitration is DENIED.

Plaintiff’s Request for Judicial Notice is DENIED.

Defendant moves to compel Plaintiff to arbitration pursuant to the Federal Arbitration Act and the California Arbitration Act.

“Under the Federal Arbitration Act (FAA; 9 U.S.C. § 1 et seq.), a written agreement to arbitrate ‘shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract ....’ (9 U.S.C. § 2.) Unless an exception applies, if the matter is arbitrable, the court “shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the

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