Bruce Hadley et al v. BNC Mortgage, Inc. et al

Filing 88

JUDGMENT by Judge Manuel L. Real. IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs' Second Amended Complaint is dismissed with prejudice as to Chase, JPMorgan, and USBank. The Court orders that Judgment is entered in favor of Chase, JPMorgan, and USBank and against Plaintiffs, and each of them. (MD JS-6, Case Terminated). (kbr)

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1 2 3 4 5 6 7 8 9 10 11 ADORNO YOSS ALVARADO & SMITH JOHN M. SORICH (CA Bar No. 125223) jsorich@adorno.com S. CHRISTOPHER YOO (CA Bar No. 169442) cyoo@adorno.com ADORNO YOSS ALVARADO & SMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Tel: (714) 852-6800 Fax: (714) 852-6899 Attorneys for Defendants CHASE HOME FINANCE LLC, JP MORGAN CHASE BANK, N.A., erroneously sued as J.P. MORGAN CHASE BANK, U.S. BANK NATIONAL ASSOCIATION, TRUSTEE FOR LEHMAN BROTHERS STRUCTURED ASSET SECURITIES CORPORATION SASCO 2006-BC2, erroneously sued as U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SECURITY CORPORATION JS-6 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNE Y S AT L A W SA N T A AN A UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ­ WESTERN DIVISION BRUCE HADLEY, STEPHANIE Y. HADLEY, Plaintiffs, v. BNC MORTGAGE, INC., LEHMAN BROTHERS ASSET SECURITIES CORPORATION, LEHMAN BROTHERS REALTY CORP., CHASE HOME FINANCE LLC, ACCELERATED FUNDING, INC., TRACEY TINDLE, OPTION ONE MORTGAGE COMPANY, J.P MORGAN CHASE BANK, LEHMAN BROTHERS BANK, FSB, U.S. BANK NATIONAL ASSOCIATION as Trustee for Lehman Brothers Securities Corporation, Lehman Brothers Realty Corp., and BNC, Asset SECURITIES, Asset Backed Passed-Through Certificate, Under The Pooling And Servicing 1 1066022.1 CASE NO.: CV08-2674 R (CTx) JUDGE: Hon. Manuel L. Real JUDGMENT Action Filed: 4/23/08 JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 ADORNO YOSS ALVARADO & SMITH Agreement Without Recourse, NDEx WEST, LLC as Trustee to Chase Home Finance, LLC, T.D. SERVICE COMPANY, Trustee to BNC Mortgage, Inc., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), and DOES 1 through 99, Defendants. On November 17, 2008, this Court granted the Motion of defendants Chase Home Finance LLC ("Chase"), JPMorgan Chase Bank, N.A., erroneously sued as JP Morgan Chase Bank ("JPMorgan"), and U.S. Bank National Association, Trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2006-BC2, erroneously sued as U.S. Bank National Association, as Trustee for Lehman Brothers Securities Corporation ("USBank," collectively Defendants") to Dismiss the Second Amended Complaint of plaintiffs Bruce Hadley and Stephanie Y. Hadley (collectively "Plaintiffs" or "Hadleys"). The Court found that Plaintiffs cannot state any claim against Defendants because Plaintiffs' claims are barred by res judicata. IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs' Second Amended Complaint is dismissed with prejudice as to Chase, JPMorgan, and USBank. The Court orders that Judgment is entered in favor of Chase, JPMorgan, and USBank and against Plaintiffs, and each of them. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNE Y S AT L A W SA N T A AN A DATED: December 01, 2008 By: Manuel L. Real Judge, United States District Court 1066022.1 JUDGMENT 2

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