Alice Quinonez v. Wells Fargo Bank, N.A. et al

Filing 29

JUDGMENT by Judge Manuel L. Real, Related to: MOTION to Dismiss Complaint 11 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants motion to dismiss is granted without leave to amend.IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs c omplaint is dismissed in its entirety with prejudice as to Defendants WELLS FARGO BANK, N.A., US BANK NATIONAL ASSOCIATION, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 and MORTGAGE ELECTRONI C REGISTRATION SYSTEMS, INC. Plaintiff is to recover nothing from WELLS FARGO BANK, N.A., US BANK NATIONAL ASSOCIATION, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MD JS-6, Case Terminated). (pj)

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1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ALICE QUINONEZ, an individual, 12 13 Plaintiff, vs. 14 15 16 17 18 19 20 Case No. CV12-2881 R (VBKx) Hon. Manuel L. Real Ctrm. 8 - Spring Street JUDGMENT WELLS FARGO BANK, N.A.; U.S. BANK NATIONAL ASSOCIATION as Trustee For Securitized Trust CITIGROUP MORTGAGE LOAN TRUST 2006-WF2; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, aka “MERS” and DOES 1 THROUGH 10, INCLUSIVE Defendants. DATE: TIME: Ctrm: June 4, 2012 10:00 a.m. 8 Complaint Filed: April 2, 2012 21 22 The motion of Defendants WELLS FARGO BANK, N.A., US BANK 23 NATIONAL ASSOCIATION, as Trustee for Citigroup Mortgage Loan Trust, Inc., 24 Mortgage Pass-Through Certificates, Series 2006-WF2 (erroneously sued as U.S. 25 Bank National Association as Trustee For Securitized Trust Citi Group Mortgage 26 Loan Trust 2006-WF2) and MORTGAGE ELECTRONIC REGISTRATION 27 SYSTEMS, INC. (collectively “Defendants”) to dismiss the Complaint of Plaintiff 28 55000.0240/2233719.1 (Proposed) Judgment Case No. CV12-2881 R (VBK) 1 ALICE QUINONEZ pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure 2 to state a claim upon which relief can be granted came on regularly for hearing on 3 June 4, 2012 at 10:00 a.m. before the Honorable Manuel L. Real presiding. 4 5 6 7 8 9 After considering all of the papers submitted by the parties, the arguments therein and good cause appearing: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants’ motion to dismiss is granted without leave to amend. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff’s complaint is dismissed in its entirety with prejudice as to Defendants 10 WELLS FARGO BANK, N.A., US BANK NATIONAL ASSOCIATION, as 11 Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through 12 Certificates, Series 2006-WF2 and MORTGAGE ELECTRONIC REGISTRATION 13 SYSTEMS, INC. Plaintiff is to recover nothing from WELLS FARGO BANK, 14 N.A., US BANK NATIONAL ASSOCIATION, as Trustee for Citigroup Mortgage 15 Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 and 16 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 17 18 19 DATED: _June 8, 2012_ HONORABLE MANUEL L. REAL UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 -255000.0240/2233719.1 (Proposed) Judgment Case No. CV12-2881 R (VBK) 1 CERTIFICATE OF SERVICE 2 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 Irvine, California. My business address is 3 Severson & Werson, 19100 Von Karman Avenue, Suite 700, Irvine, California 4 92612. 5 6 7 8 9 10 On the date below I served the within document(s) described as: (PROPOSED) JUDGMENT on the interested parties in this action: by placing the original true copy(ies) thereof enclosed in sealed envelope(s) addressed as follows: address as stated on the attached mailing list. Alice Quinonez 1444 Kentucky Avenue Whittier CA 90604 Plaintiff in pro per Telephone: (714) 394-0986 11 12 13 14 15 16 17 18 19 20 21 22 BY MAIL (C.C.P. § 1013(a)) - I deposited such envelope(s) for processing in the mail room in our offices. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. I am aware that on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. (BY ELECTRONIC SERVICE) Pursuant to CM/ECF System, registration as a CM/ECF user constitutes consent to electronic service through the Court’s transmission facilities. The Court’s CM/ECF system sends an e-mail notification of the filing to the parties and counsel of record listed above who are registered with the Court’s EC/ECF system. FEDERAL - 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. Executed on June 7 , 2012, at Irvine, California. 23 24 25 By: LINDA D. OWEN 26 27 28 55000.0240/2233719.1 Certificate of Service Case No. CV12-2881 R (VBK)

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