Piceno Salazar v. Select Portfolio Servicing, Inc.

California Eastern District Court
Judge:Kirk E Sherriff
Referred: Sheila K Oberto
Case #: 1:25-cv-00172
Nature of Suit220 Real Property - Foreclosure
Cause28:1983 Civil Rights
Case Filed:Feb 12, 2025
Last checked: Sunday Mar 30, 2025 3:10 AM PDT
Defendant
Select Portfolio Servicing, Inc.
Represented By
Adeline Rebecca Tungate
Buchalter, A Professional Corporation
contact info
Plaintiff
Joseph Piceno Salazar
4216 S. Mooney Blvd., #322
Visalia, CA 93277


Docket last updated: 05/02/2025 11:59 PM PDT
Friday, May 02, 2025
35 35 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Fri 05/02 11:43 AM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 5/2/2025: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 5/27/2025, is CONTINUED to 10/21/2025, at 9:30 AM, before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Deputy Clerk WAK)
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service Service by Mail Fri 05/02 11:44 AM
SERVICE BY MAIL: 35 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Wednesday, April 30, 2025
34 34 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Wed 04/30 1:14 PM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/30/2025: (Text Only Entry) The Court is in receipt of Plaintiff's Proof of Service of his Motion for Leave to File a Lis Pendens . (Doc32 ). In light of the Court's prior order, ( see Doc. 31 ), the Court will now set an expedited briefing schedule. Defendant shall file any opposition by May 9, 2025. Plaintiff shall have until May 16, 2025, to file an optional reply. As soon as the motion has been fully briefed or time has expired, the pending motion will be submitted. (Deputy Clerk CLA)
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33 33 notice Notice of Appearance Wed 04/30 9:31 AM
NOTICE of APPEARANCE by Artin Betpera on behalf of Select Portfolio Servicing, Inc.. Attorney Betpera, Artin added. (Betpera, Artin)
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service Service by Mail Wed 04/30 1:16 PM
SERVICE BY MAIL: 34 Minute Order served on Joseph Piceno Salazar. (Deputy Clerk CLA)
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Tuesday, April 29, 2025
32 32 service Certificate / Proof of Service Tue 04/29 3:42 PM
PROOF of SERVICE by Joseph Piceno Salazar. (Deputy Clerk CM)
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Friday, April 25, 2025
31 31 order Minute Order Order on Request Fri 04/25 12:11 PM
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Sheila K. Oberto on 4/25/2025. On April 17, 2025, the Court noted that it was in receipt of Plaintiff Joseph Piceno Salazar's "Request for Emergency Ruling on Motion for Leave to Record Lis Pendens ," (Doc.17 ) (the "Administrative Motion"). (Doc. 25 ). The Court construed the request as a "[m]iscellaneous administrative matter," involving a "request to shorten time on a motion," and therefore an administrative motion under E.D. Cal. Local Rule 233. ( Id .) No opposition was filed, and the matter has now been submitted. See E.D. Cal. Local Rule 233(c). Upon review, the Court finds Plaintiff has made the requisite showing for an expedited review of the Motion for Leave to Record Lis Pendens , and so the Administrative Motion is granted on that basis. However, the Court observes that Defendant Select Portfolio Servicing, Inc. has not had an opportunity to respond, as the Motion for Leave to Record Lis Pendens was never served on Defendant because it was filed prior to their appearance. ( See Docs.4 ,7 ). Therefore, Plaintiff is ordered to serve the Motion for Leave to File Lis Pendens, (Doc. 4 ), on Defendant and file on the Court's docket proof of service of the motion on Defendant at their current or last known address . Upon filing of the proof of service, the Court will then set an expedited briefing schedule. (Deputy Clerk YV)
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30 30 respm Reply to Response to Motion Fri 04/25 12:02 PM
REPLY to28 Defendant's Opposition to15 Motion to Strike by Joseph Piceno Salazar. (Deputy Clerk OFR)
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29 29 respm Opposition to Motion Fri 04/25 12:00 PM
OPPOSITION to14 Motion to Dismiss First Amended Complaint by Joseph Piceno Salazar. (Deputy Clerk OFR)
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service Service by Mail Fri 04/25 12:12 PM
SERVICE BY MAIL: 31 Minute Order, Order on Request, served on Joseph Piceno Salazar. (Deputy Clerk YV)
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Monday, April 21, 2025
28 28 respm Opposition to Motion Mon 04/21 9:58 AM
OPPOSITION by Select Portfolio Servicing, Inc. to15 Motion to Strike.(Tungate, Adeline)
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Att: 1 Declaration Declaration of Adeline Tungate in Support of Opposition to Plaintiff Joseph P. Salazar's Motion to Strike
service Service by Mail Mon 04/21 9:28 AM
SERVICE BY MAIL:23 Motion for Miscellaneous Relief served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Thursday, April 17, 2025
27 27 notice Notice (Other) Fri 04/18 2:03 PM
NOTICE to the Court Regarding Service Deficiency and Continued Noncompliance Despite Plaintiff's Request for Entry of Default, by Joseph Piceno Salazar. (Deputy Clerk CRM)
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26 26 misc Corporate Disclosure Statement Thu 04/17 3:23 PM
CORPORATE DISCLOSURE STATEMENT by Defendant Select Portfolio Servicing, Inc.. (Tungate, Adeline)
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25 25 order Minute Order Thu 04/17 12:10 PM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/17/2025: (Text Only Entry). The Court is in receipt of Plaintiff Joseph Piceno Salazar's "Request for Emergency Ruling on Motion for Leave to Record Lis Pendens," (Doc.17 ) (the "Motion"). Because the Motion is a "[m]iscellaneous administrative matter," involving a "request to shorten time on a motion," the Court deems it as a motion for administrative relief under E.D. Cal. Local Rule 233. However, the Court observes that the Plaintiff has not provided proof of service of this Motion on Defendant Select Portfolio Servicing, Inc. as required by E.D. Cal. Local Rule 133(b)(2). Therefore, the Court orders Plaintiff to file on the Court's docket proof of service of the Motion on Defendant at their current or last known address. Upon service of the Motion on Defendants, any opposition or supporting statement relating to the motion to extend time shall be filed in accordance with E.D. Cal. Local Rule 233(b) and Federal Rule of Civil Procedure 6(d). The day after any opposition or supporting statement is due, the motion to shorten time will submitted for immediate action by the Court without hearing. See E.D. Cal. Local Rule 233(c). (Deputy Clerk WAK)
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24 24 order Minute Order Thu 04/17 11:28 AM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/17/2025: (Text Only Entry). The Court is in receipt of Plaintiff Joseph Piceno Salazar's "Notice of Noncompliance with Court Order Regarding Proof of Service," (Doc.15 ), and "Motion for Clarification and Judicial Determination of Compliance with Court Order Regarding Service of Motion to Dismiss," (Doc.23 ). The Court observes that while Plaintiff has had actual notice of Defendant Select Portfolio Servicing's Motion to Dismiss, (Doc.14 )--as evidenced by Plaintiff's Motion to Strike Defendant's Motion to Dismiss, (Doc.15 )--due to what appears to be a scrivener's error in Defendant's service of Plaintiff, out of an abundance of caution, the Court hereby ORDERS the Clerk of the Court to serve by mail Defendant's Motion to Dismiss, (Doc.14 ), on Plaintiff to his address on the docket. Further, in light of this order, the Court DENIES AS MOOT Plaintiff's Motion for Clarification, (Doc.23 ). (Deputy Clerk WAK)
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service Service by Mail Thu 04/17 11:29 AM
SERVICE BY MAIL: 24 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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service Service by Mail Thu 04/17 12:11 PM
SERVICE BY MAIL: 25 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Wednesday, April 16, 2025
23 23 motion Miscellaneous Relief Wed 04/16 2:35 PM
MOTION for Clarification and Judicial Determination of Compliance with Court Order Regarding Service of Motion to Dismiss by Joseph Piceno Salazar. (Deputy Clerk EF)
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Tuesday, April 15, 2025
22 22 order Minute Order ~Util - Set/Reset Motion Hearing Tue 04/15 4:42 PM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/15/2025: (Text Only Entry) The Court is in receipt of Plaintiff's "Motion to Strike Defendant's Untimely Motion to Dismiss and for Judicial Entry of Default," (Doc.15 ), filed April 11, 2025, and noticed for hearing on May 12, 2025. That hearing, which was originally set before District Judge Sherriff, has been vacated upon the referral of that matter to the undersigned. The undersigned hereby RE-SETS the hearing on Plaintiff's motion to strike for May 21, 2025 at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Further, in the interest of litigation economy and judicial efficiency, the hearing on the Defendant's Motion to Dismiss, (Doc.14 ), currently set for July 21, 2025, is ADVANCED to May 21, 2025, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, to be held in conjunction with the hearing on Plaintiff's motion to strike. (Deputy Clerk WAK)
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21 21 notice Notice (Other) Tue 04/15 3:35 PM
NOTICE of Noncompliance with Court Order Regarding Proof of Service by Joseph Piceno Salazar. (Deputy Clerk EF)
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20 20 order Minute Order ~Util - 1 Terminate Deadlines and Hearings Tue 04/15 9:01 AM
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/15/2025: (Text Only Entry). Defendant's pending14 motion to dismiss, filed on 4/10/2025, and plaintiff's pending15 motion to strike, filed on 4/11/2025, are referred to the assigned magistrate judge for the preparation of findings and recommendations and/or other appropriate action. Accordingly, the hearing set for 5/12/2025 before District Judge Kirk E. Sherriff is vacated. Local Rule 230 will govern the filing of oppositions and replies. (Deputy Clerk VMG)
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service Service by Mail Tue 04/15 9:02 AM
SERVICE BY MAIL: 20 Minute Order served on Joseph Piceno Salazar. (Deputy Clerk VMG)
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service Service by Mail Tue 04/15 4:43 PM
SERVICE BY MAIL: 22 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Friday, April 11, 2025
19 19 service Certificate / Proof of Service Fri 04/11 4:07 PM
CERTIFICATE / PROOF of SERVICE by Select Portfolio Servicing, Inc. re14 MOTION to DISMISS. (Tungate, Adeline)
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18 18 order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Fri 04/11 3:19 PM
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Sheila K. Oberto on 4/11/2025: On April 10, 2025, Defendant Select Portfolio Servicing, Inc. ("Defendant") filed a Motion to Dismiss Plaintiff Joseph Piceno Salazar ("Plaintiff")'s First Amended Complaint (the "Motion"). In the accompanying Certificate of Service, Attorneys for Defendant stated that the Motion was "served on April 10, 2025 to all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system per Civil Local Rule 5.4." (Doc.14 -1 at 25). Attorneys for Defendant also represented that "[a]ny counsel of record who have not consented to electronic service through the Court's CM/ECF system will be served by electronic mail, First class mail, facsimile and/or overnight delivery." ( Id. ). The Court notes that the Plaintiff is proceeding pro se and cannot be served through CM/ECF. Therefore, the Court ORDERS Attorneys for Defendant to file on the Court's docket proof of service of the Motion on Plaintiff at his current or last known address by no later than April 14, 2025. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order . (Deputy Clerk CLA)
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17 17 motion Request Fri 04/11 12:16 PM
PLAINTIFF'S REQUEST for Emergency Ruling on Motion for Leave to Record Lis Pendens by Joseph Piceno Salazar. (Deputy Clerk EF)
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16 16 14 pgs respm Memorandum in Support of Motion Fri 04/11 12:14 PM
MEMORANDUM of POINTS and AUTHORITIES in SUPPORT of15 Motion to Strike by Joseph Piceno Salazar. (Deputy Clerk EF)
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15 15 motion Strike Fri 04/11 12:11 PM
MOTION to STRIKE Defendant's Untimely Motion to Dismiss and for Judicial Entry of Default by Joseph Piceno Salazar. Motion Hearing set for 5/12/2025 at 01:30 PM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff. (Deputy Clerk EF)
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service Service by Mail Fri 04/11 3:21 PM
SERVICE BY MAIL: 18 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk CLA)
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Thursday, April 10, 2025
14 14 motion Dismiss Thu 04/10 3:29 PM
MOTION to DISMISS by Select Portfolio Servicing, Inc.. Motion Hearing set for 7/21/2025 at 01:30 PM in Courtroom 6 (KES) before Magistrate Judge Sheila K. Oberto.(Tungate, Adeline)
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Att: 1 Memorandum Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss First Amended Complaint,
Att: 2 Notice Request for Judicial Notice in Support of Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint,
Att: 3 Exhibit RJN EXHIBITS 1 -3
Wednesday, April 09, 2025
13 13 misc Request for Entry of Default Wed 04/09 11:13 AM
REQUEST FOR ENTRY OF DEFAULT as to Select Portfolio Servicing, Inc. by Joseph Piceno Salazar. (Deputy Clerk EF)
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Wednesday, April 02, 2025
12 12 misc Proposed Order Thu 04/03 2:36 PM
PROPOSED ORDER re4 Motion for Order Granting Motion for Leave to Record Lis Pendens by Joseph Piceno Salazar. (Deputy Clerk CM)
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Friday, March 28, 2025
11 11 order Minute Order ~Util - 1 Terminate Deadlines and Hearings Order on Motion to Dismiss Fri 03/28 11:14 AM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/28/2025: (Text Only Entry) Because Plaintiff's First Amended Complaint filed March 25, 2025, (Doc.10 ), supersedes the original Complaint, see Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2025), Defendant's Motion to Dismiss filed March 13, 2025, (Doc.7 ), directed to the original Complaint is DENIED WITHOUT PREJUDICE AS MOOT. See Ramirez v. Silgan Containers, No. CIV.F07-0091 AWI DLB, 2007 WL 1241829, at *6 (E.D. Cal. Apr. 26, 2007). (Deputy Clerk WAK)
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service Service by Mail Fri 03/28 11:15 AM
SERVICE BY MAIL: 11 Minute Order on Motion to Dismiss, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Tuesday, March 25, 2025
10 10 misc Docket Annotation Tue 03/25 11:44 AM
LODGED FIRST AMENDED COMPLAINT filed by Plaintiff Joseph P. Salazar against all Defendants. (Deputy Clerk CRM)
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9 9 notice Notice (Other) Tue 03/25 11:40 AM
NOTICE of Filing First Amended Complaint, by Joseph Piceno Salazar. (Deputy Clerk CRM)
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Thursday, March 13, 2025
8 8 order Minute Order ~Util - 1 Terminate Deadlines and Hearings Thu 03/13 2:34 PM
MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 3/13/2025: Plaintiff's pending4 motion for leave to record lis pendens , filed on 3/11/2025, and defendant's pending7 motion to dismiss, filed on 3/13/2025, are referred to the assigned magistrate judge for the preparation of findings and recommendations and/or other appropriate action. Accordingly, the hearing set for 05/19/2025 before District Judge Kirk E. Sherriff is vacated. Local Rule 230 will govern the filing of oppositions and replies. (Deputy Clerk CLA)
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7 7 motion Dismiss Thu 03/13 10:13 AM
MOTION to DISMISS by Select Portfolio Servicing, Inc.. Attorney Tungate, Adeline Rebecca added. Motion Hearing set for 5/19/2025 at 01:30 PM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff.(Tungate, Adeline)
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Att: 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT SELECT PORTFOLIO SERVICING, INC.S MOTION TO DISMISS COMPLAINT,
Att: 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS COMPLAINT
service Service by Mail Thu 03/13 2:35 PM
SERVICE BY MAIL: 8 Minute Order, served on Joseph Piceno Salazar. (Deputy Clerk CLA)
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Wednesday, March 12, 2025
6 6 order Minute Order Order on Motion to Proceed In Forma Pauperis Wed 03/12 9:22 AM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/12/2025: (Text Only Entry). The docket reflects that Plaintiff paid the filing fee for this action on February 11, 2025. Accordingly, Plaintiff's motion to proceed in forma pauperis filed March 11, 2025 (Doc.5 ) is DENIED AS MOOT. (Deputy Clerk WAK)
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service Service by Mail Wed 03/12 9:22 AM
SERVICE BY MAIL: 6 Minute Order, Order on Motion to Proceed in forma pauperis, served on Joseph Piceno Salazar. (Deputy Clerk WAK)
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Tuesday, March 11, 2025
5 5 motion In Forma Pauperis Tue 03/11 9:19 AM
MOTION to PROCEED IN FORMA PAUPERIS by Joseph Piceno Salazar. (Deputy Clerk TEL)
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4 4 motion Miscellaneous Relief Tue 03/11 9:18 AM
NOTICE of MOTION and MOTION for leave to record Lis Pendens by Joseph Piceno Salazar. (Deputy Clerk TEL)
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Wednesday, February 12, 2025
3 3 misc Civil New Case Documents for KES Wed 02/12 10:02 AM
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/27/2025 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Deputy Clerk EF)
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Att: 1 Standing Order,
Att: 2 Consent Form,
Att: 3 VDRP
2 2 service Summons Wed 02/12 9:57 AM
SUMMONS ISSUED as to *Select Portfolio Servicing, Inc.* with answer to complaint due within *21* days. *Joseph Piceno Salazar* *4216 S. Mooney Blvd., #322* *Visalia, CA 93277*. (Deputy Clerk EF)
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service Service by Mail Wed 02/12 10:06 AM
SERVICE BY MAIL:3 Civil New Case Documents for KES,2 Summons served on Joseph Piceno Salazar. (Deputy Clerk EF)
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Tuesday, February 11, 2025
1 1 cmp Complaint Wed 02/12 9:02 AM
COMPLAINT against Select Portfolio Servicing, Inc., by Joseph Piceno Salazar. (Deputy Clerk EF)
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Att: 1 Civil Cover Sheet
misc Receipt Wed 02/12 9:45 AM
RECEIPT number 100004507 for $405.00 fbo Joseph Piceno Salazar from Joseph Salazar. (Deputy Clerk EF)
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