Xochitl Ortiz v. Wells Fargo Bank NA et al

Filing 35

JUDGMENT by Judge R. Gary Klausner: IT IS HEREBY ORDERED, ADJUDGED AND DECREED:1. Plaintiffs Complaint is dismissed with prejudice. 2. Plaintiffs Xochitl Ortiz shall take nothing from defendant Wells Fargo. Related to: Notice of Lodging 34 (shb)

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Lynette Gridiron Winston (#151003)
[e-mail]
Anglin, Flewelling, Rasmussen,
Campbell & Trytten LLP
199 S. Los Robles Avenue, Suite 600
Pasadena, California 91101-2459
Tel: [phone] | Fax: [phone]
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
Southwest, N.A., f/k/a Wachovia
Mortgage, FSB, f/k/a World Savings
Bank, FSB (sued as “Wells Fargo Bank,
N.A., successor-in-interest to Wachovia
Mortgage, FSB”) (“Wells Fargo”)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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XOCHITL ORTIZ,

CASE NO.: EDCV11-04639-RGK-PLAx

Plaintiff,

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[The Honorable R. Gary Klausner
Courtroom 850]

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vs.

JUDGMENT OF DISMISSAL

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WELLS FARGO BANK, N.A.,
Successor-In-Interest to WACHOVIA
MORTGAGE, FSB; ETS SERVICES,
LLC; GMAC MORTGAGE, LLC and
DOES 1 through 50, inclusive,

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Defendants.

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95451/000861/00220630-1

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CASE NO. EDCV11-04639 RGK (PLAx)

[PROPOSED] JUDGMENT OF DISMISSAL

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TO THE HONORABLE COURT AND TO PLAINTIFF AND ALL PARTIES

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AND THEIR COUNSEL OF RECORD:

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On August 26, 2011, this Court entered an Order granting the motion of

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defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo

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Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank,

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FSB (sued as “Wells Fargo Bank, N.A., successor-in-interest to Wachovia

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Mortgage, FSB”) (“Wells Fargo”), to dismiss the complaint, pursuant to Rule

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12(b)(6) of the Federal Rules of Civil Procedure. In accordance with that Order:

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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1. Plaintiff’s Complaint is dismissed with prejudice.

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2. Plaintiff’s Xochitl Ortiz shall take nothing from defendant Wells Fargo.

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Date: September 1, 2011

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____________________________
Hon. R. Gary Klausner
United States District Judge

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Respectfully submitted,
ANGLIN, FLEWELLING,
RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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By:

/s/ Lynette Gridiron Winston
Lynette Gridiron Winston
[e-mail]
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest,
N.A., f/k/a Wachovia Mortgage, FSB, f/k/a
World Savings Bank, FSB

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95451/000861/00220630-1

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CASE NO. EDCV11-04639 RGK (PLAx)

[PROPOSED] JUDGMENT OF DISMISSAL

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CERTIFICATE OF SERVICE
I, the undersigned, declare that I am over the age of 18 and am not a party to
this action. I am employed in the City of Pasadena, California; my business address
is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles
Avenue, Suite 600, Pasadena, California 91101-2459.

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On the date below, I served a copy of the foregoing document entitled:

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[PROPOSED] JUDGMENT OF DISMISSAL

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on all interested parties as follows:
Served Electronically Via The Court’s CM/ECF System:
Counsel for Plaintiff:
CONSUMER PROTECTION
ASSISTANCE COALITION, INC.
2911 S. Bristol Street.
Santa Ana, CA 92704-6205

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Tel: [phone]
Fax: [phone]

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Gary Lane, Esq.
[e-mail]

Counsel for Defendants ETS Services, LLC
and GMAC Mortgage, LLC:
Stephanie A. Chambers, Esq.
SEVERSON & WERSON, APC
19100 Von Karman Avenue, Suite 700
Irvine, CA 92612
Tel: [phone]
Fax: [phone]
[e-mail]

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Auriol L.R. Steel
[e-mail]

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Nandita Kumaraswamy
[e-mail]

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Regina J. McClendon, Esq.
SEVERSON & WERSON, APC
1 Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]

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Certificate of Service Continued Next Page

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95451/000861/00220630-1

CASE NO. EDCV11-04639 RGK (PLAx)
CERTIFICATE OF SERVICE

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AND
by placing X a true and correct copy enclosed in a sealed envelope addressed
as follows:

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Charles Ton
Phuong Pham
CONSUMER PROTECTION ASSISTANCE COALITION, INC.
2911 S. Bristol Street.
Santa Ana, CA 92704-6205

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Tel: [phone]
Fax: [phone]

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[X]

BY MAIL: I am readily familiar with the firm's practice of collection and
processing correspondence by mailing. Under that same practice it would
be deposited with U.S. Postal Service on that same day with postage fully
prepaid at Pasadena, California in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one day after date
of deposit for mailing in affidavit.

[X]

FEDERAL: I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. I declare that I am
employed in the office of a member of the Bar of this Court at whose
direction the service was made. This declaration is executed in Pasadena,
California, on August 31, 2011.

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Jill Ashley
(Type or Print Name)

/s/ Jill Ashley
(Signature of Declarant)

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95451/000861/00220630-1

CASE NO. EDCV11-04639 RGK (PLAx)
CERTIFICATE OF SERVICE