Consuelo Gonzalez LaBrada v. Deutsche Bank National Trust Company et al

Filing 57

JUDGMENT IN FAVOR OF WELLS FARGO by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED AND DECREED a Judgment of Dismissal be entered in favor of Defendant WELLS FARGO BANK, N.A.'s ("WELLS FARGO") and against Plaintiff CONSUELO GONZALEZ LABRADA. Based on said judgment, Plaintiff shall take nothing by way of the First Amended Complaint against WELLS FARGO. Each side shall bear its own fees and costs. (gk)

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Jeffrey S. Gerardo #146508
Steven M. Dailey #163857
KUTAK ROCK LLP
Suite 1100
18201 Von Karman Avenue
Irvine, CA 92612-1077
Telephone: [phone]
Facsimile: [phone]

“O”

Attorneys for Defendant
WELLS FARGO BANK, N.A.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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CONSUELO GONZALEZ
LABRADA,
Plaintiff,
v.
DEUTSCHE BANK NATIONAL
TRUST COMPANY; HOME
LOAN FUNDING, INC., a
corporate entity its assignees and/or
its successors in interest,
INDYMAC BANK, FSB, its
assignees and/or its successors in
interest; ONE WEST BANK, FSB,
its assignees and/or its successors in
interest; ORANGE COAST TITLE
COMPANY; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEM, INC., a Delaware
corporate entity; QUALITY LOAN
SERVICE CORPORATION, a
corporate entity; LSI TITLE
COMPANY; WELLS FARGO
BANK, N.A., AMERICAN
SECURITIES COMPANY, and
DOES 1 -100, inclusive,

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Case No. 2:10-cv-07373-CAS (FMOx)
Assigned to:
District Judge Christina A. Snyder
Courtroom: 5 – 2nd Floor
Assigned Discovery:
Magistrate Judge Fernando M. Olguin
JUDGMENT IN FAVOR OF WELLS
FARGO
Action Filed: October 1, 2010

Defendants.

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K UTAK R OCK LLP
ATTORNEYS AT LAW
IRVINE

4825-4741-0186.1
14617-384

[PROPOSED] JUDGMENT

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On July 18, 2011, the Court granted Defendant WELLS FARGO BANK,

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N.A.'s ["WELLS FARGO's"] Motion to Dismiss Plaintiff CONSUELO

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GONZALEZ LABRADA's First Amended Complaint without leave to amend. The

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Court granted, with prejudice, WELLS FARGO's Motion to Dismiss Plaintiff's

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Fourth Cause of Action for Violations of the FDCPA, 15 U.S.C. sect. 1692F(6) and

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Twelth Cause of Action for Tortious Violation of the Real Estate Settlement

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Procedures Act ["RESPA"] and granted, without prejudice, WELLS FARGO's

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Motion to Dismiss the remaining state law claims. Therefore, IT IS HEREBY

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ORDERED, ADJUDGED AND DECREED a Judgment of Dismissal be entered in

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favor of WELLS FARGO and against Plaintiff. Based on said judgment, Plaintiff

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shall take nothing by way of the First Amended Complaint against WELLS

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FARGO. Each side shall bear its own fees and costs.

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IT IS SO ORDERED.

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DATED: July 28, 2011

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___________________________________
JUDGE OF THE U.S. DISTRICT COURT

Respectfully submitted:
KUTAK ROCK LLP

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By: /s/ Steven M. Dailey _______
Jeffrey S. Gerardo
Steven M. Dailey
Attorneys for Defendant
WELLS FARGO BANK, N.A.,

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K UTAK R OCK LLP
ATTORNEYS AT LAW
IRVINE

4825-4741-0186.1
14617-384

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[PROPOSED] JUDGMENT