Wells Fargo Bank, National Association v. Francisco Suarez et al

Filing 75

JUDGMENT IN INTERPLEADER by Judge Percy Anderson: Pursuant to the Court's Order granting the Motion of Wells Fargo Bank, National Association for Judgment in Interpleader 50 , and restraining prosecution of any proceeding against Wells Fargo Ba nk, National Association, It is now ORDERED, ADJUDGED and DECREED: Defendants and counter-claimants are ordered to interplead and litigate their respective rights to $881,775.99 and interest thereon held in the Registry of this Court. WELLS FARG O BANK is discharged from any and all liability on account of the claims of: FRANCISCO SUAREZ, also known as FRANK SUAREZ, an individual; MARTHA SUAREZ, an individual; ALFREDO HERNANDEZ, an individual; DIANA E. HERNANDEZ, an individual; JESSIE SIGUEI RA, an individual; J. ANTONIA GUZMAN, also known as JUAN GUZMAN, an individual; ANA CORONADO, an individual; MARTHA U. SOSA, an individual; SUSANA C. SERVELLON, an individual; INGRID ALVAREZ, an individual; JULIA DeLEON, an individual; ELIEZAR ADALID , an individual; IGLESIA BAUTISTA NUEVO EMPEZAR ("IBNE"), a California corporation; IGLESIA CRISTIANA NUEVO EMPEZAR ("ICNE"), a California corporation; MICHAEL J. MELTON, an individual; IGLESIA BAUTISTA NUEVO EMPEZAR, a Texas corp oration; IGLESIA DE RESTAURACION FILIAL RESEDA, a corporation, and each of them, with respect to WELLS FARGO accounts in the name of ICNE, and accounts standing in the name of IBNE, and Certificate of Deposit in the name of ICNE and sums deposited an d held in said accounts and the sums deposited with the Clerk in interpleader. The parties to this action, and each of them, are restrained from instituting or further prosecuting any proceeding in any court in this state or elsewhere affecting the r ights and obligations of WELLS FARGO BANK with respect to WELLS FARGO Accounts in the name of ICNE, and accounts standing in the name of IBNE, and Certificate of Deposit in the name of ICNE and sums deposited and held in said accounts and the proceed s thereof and interest accrued thereon and the sums deposited with the Clerk in interpleader. The Counterclaim of MARTHA SOSA, ANA CORONADO and SUSANA SERVELLON filed 1/28/2009 against WELLS FARGO is dismissed with prejudice. The Counterclaim of IBNE and ICNE filed 12/19/2008 against WELLS FARGO BANK is dismissed with prejudice. The Clerk is directed to pay to WELLS FARGO BANK the sum of $23,070.29 for WELLS FARGO BANK'S attorneys' fees and costs incurred in this action from the s ums paid into the Registry of the Court. The Clerk shall continue to hold all sums placed in interpleader by WELLS FARGO BANK and remaining after paying WELLS FARGO BANK'S attorneys' fees and costs as aforesaid in an interest bearing account pending further order of the Court. WELLS FARGO BANK is released from any obligation to make any further court appearances or file further papers in this matter. (gk)

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No JS-6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WELLS FARGO BANK, NATIONAL ASSOCIATION Plaintiff, v. FRANCISCO SUAREZ, also known as FRANK SUAREZ, an individual; MARTHA SUAREZ, an individual; ALFREDO HERNANDEZ, an individual; DIANA E. HERNANDEZ, an individual; JESSIE SIGUEIRA, an individual; J. ANTONIA GUZMAN, also known as JUAN GUZMAN, an individual; ANA CORONADO, an individual; MARTHA U. SOSA, an individual; SUSANA C. SERVELLON, an individual; INGRID ALVAREZ, an individual; JULIA DeLEON, an individual; ELIEZAR ADALID, an individual; IGLESIA BAUTISTA NUEVO EMPEZAR, a California corporation; IGLESIA CRISTIANA NUEVO EMPEZAR, a California corporation; MICHAEL J. MELTON, an individual; IGLESIA BAUTISTA NUEVO EMPEZAR, a Texas corporation, Defendants. AND RELATED CROSS-ACTIONS AND COUNTERCLAIMS JUDGMENT IN INTERPLEADER Case No. CV 08-6210 PA (FMOx)

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Pursuant to the Court's Order granting the Motion of WELLS FARGO BANK, NATIONAL ASSOCIATION for judgment in interpleader and restraining prosecution of any proceeding against WELLS FARGO BANK, NATIONAL ASSOCIATION ("WELLS FARGO"): It is now ORDERED, ADJUDGED and DECREED: 1. Defendants and counter-claimants are ordered to interplead and litigate their respective rights to $881,775.99 and interest thereon held in the Registry of this Court; 2. WELLS FARGO BANK is discharged from any and all liability on account of the claims of: FRANCISCO SUAREZ, also known as FRANK SUAREZ, an individual; MARTHA SUAREZ, an individual; ALFREDO HERNANDEZ, an individual; DIANA E. HERNANDEZ, an individual; JESSIE SIGUEIRA, an individual; J. ANTONIA GUZMAN, also known as JUAN GUZMAN, an individual; ANA CORONADO, an individual; MARTHA U. SOSA, an individual; SUSANA C. SERVELLON, an individual; INGRID ALVAREZ, an individual; JULIA DeLEON, an individual; ELIEZAR ADALID, an individual; IGLESIA BAUTISTA NUEVO EMPEZAR ("IBNE"), a California corporation; IGLESIA CRISTIANA NUEVO EMPEZAR ("ICNE"), a California corporation; MICHAEL J. MELTON, an individual; IGLESIA BAUTISTA NUEVO EMPEZAR, a Texas corporation; IGLESIA DE RESTAURACION FILIAL RESEDA, a corporation, and each of them, with respect to WELLS FARGO accounts in the name of ICNE, Account No. XXXXXXX5328, Account No. XXXXXXX0137, Account No. XXXXXXX2909 and XXXXXXX2895, and accounts standing in the name of IBNE, Account No. XXXXXXX5191 and Account No. XXXXXXX8034 and Certificate of Deposit No. XXXXXXX0269 in the name of ICNE and sums deposited and held in said accounts and the sums deposited with the Clerk in interpleader;

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3.

The parties to this action, and each of them, are restrained from

instituting or further prosecuting any proceeding in any court in this state or elsewhere affecting the rights and obligations of WELLS FARGO BANK with respect to WELLS FARGO Accounts in the name of ICNE, Account No. XXXXXXX5328, Account No. XXXXXXX0137, Account No. XXXXXXX0269, Account No. XXXXXXX2909 and XXXXXXX2895, and accounts standing in the name of IBNE, Account No. XXXXXXX5191 and Account No. XXXXXXX8034 and Certificate of Deposit No. XXXXXXX0269 in the name of ICNE and sums deposited and held in said accounts and the proceeds thereof and interest accrued thereon and the sums deposited with the Clerk in interpleader; 4. The Counterclaim of MARTHA SOSA, ANA CORONADO and SUSANA SERVELLON filed January 28, 2009 against WELLS FARGO is dismissed with prejudice. 5. 6. The Counterclaim of IBNE and ICNE filed December 19, 2008 The Clerk is directed to pay to WELLS FARGO BANK the sum of against WELLS FARGO BANK is dismissed with prejudice. $23,070.29 for WELLS FARGO BANK'S attorneys' fees and costs incurred in this action from the sums paid into the Registry of the Court. The Clerk is directed

19 to send a check in the sum of $23,070.29 payable to " WELLS FARGO BANK, 20 NATIONAL ASSOCIATION," c/o Barton, Klugman & Oetting LLP, Robert 21 Louis Fisher, A Professional Corporation, 350 South Grand Avenue, Suite 2200, 22 Los Angeles, CA 90071-3485; 23

7.

The Clerk shall continue to hold all sums placed in interpleader by

24 WELLS FARGO BANK and remaining after paying WELLS FARGO BANK'S 25 attorneys' fees and costs as aforesaid in an interest bearing account pending further 26 order of the Court; 27 // 28 // 3
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8.

WELLS FARGO BANK is released from any obligation to make any

further court appearances or file further papers in this matter.

Dated:

March 10, 2009

Percy Anderson United States District Judge

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