Kathleen Angel Einsenberg v. Citibank NA et al

Filing 180

JUDGMENT FOLLOWING MOTION FOR SUMMARY JUDGMENT by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: (1) Judgment on Plaintiffs' Complaint shall be entered in favor of Defendants Selene Finance LP, Gregory Funding, LLC; and U.S. Bank National Association, as Indenture Trustee on Behalf of and With Respect to Ajax Mortgage Loan Trust 2013-A, Mortgage-Backed Notes, Series 2013-A; (2) Plaintiff's entire action against Defendants is DISMISSED with prejudice; (3) Plaintiffs shall take nothing by the Second Amended Complaint; (4) This is a final judgment. (gk)

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WRIGHT, FINLAY & ZAK, LLP
T. Robert Finlay, Esq., SBN 167280
Nicole S. Dunn, Esq., SBN 213550
4665 MacArthur Court, Suite 280
Newport Beach, CA 92660
Telephone: [phone]; Facsimile: [phone]

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Attorneys for Defendants, Citibank, N.A. As Trustee For American Home Mortgage
Assets Trust 2006-4 Mortgage Backed Pass-Through Certificates Series 2006-4;
Homeward Residential, Inc.; Power Default Services, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KATHLEEN ANGEL EISENBERG aka Case No.: CV13-01814 CAS (JPRx)
, KATHLEEN ANGEL
[The Hon. Christina A. Snyder]

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Plaintiff,

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vs.
CITIBANK, N.A. AS TRUSTEE FOR
AMERICAN HOME MORTGAGE
ASSETS TRUST 2006-4 MORTGAGE
BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-4;
HOMEWARD RESIDENTIAL, INC.;
POWER DEFAULT SERVICES, INC.;
and DOES 1 THROUGH 40,
INCLUSIVE

[PROPOSED]
JUDGMENT FOLLOWING MOTION
FOR SUMMARY JUDGMENT
Hearing
Date: July 10, 2017
Time: 10:00 a.m.
Ctrm: 8D, 8th Floor

[Fed.R.Civ.P. 56]

Defendants.
On Monday, July 10, 2017 at 10:00 a.m., or shortly thereafter, in Courtroom 8D, of

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the above-captioned court, came on regularly for hearing on the Motion for Summary

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Judgment or, in the Alternative, for Partial Summary Judgment of Citibank, N.A. As

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Trustee For American Home Mortgage Assets Trust 2006-4 Mortgage Backed Pass-

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Through Certificates Series 2006-4; Homeward Residential, Inc.; Power Default Services,
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JUDGMENT FOLLOWING MOTION FOR SUMMARY JUDGMENT

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Inc. (collectively “Defendants”) to the Second Amended Complaint of Plaintiff, Kathleen

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Angel Eisenberg (“Plaintiff”), Hon. Christina A. Snyder presiding. Nicole S. Dunn

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appeared for Defendants and Mark Goodfriend appeared for Plaintiff. Any and all

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appearances were noted in the court’s record.

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After full consideration of the evidence, and the written and oral submissions by

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the parties, the court finds that there are no triable issues of material fact and that

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Defendants are entitled to summary judgment as a matter of law against Plaintiff as set

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forth in this Court’s Order dated July 12, 2017 [Dkt No. 178].

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
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Judgment on Plaintiffs’ Complaint shall be entered in favor of Defendants

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Selene Finance LP, Gregory Funding, LLC; and U.S. Bank National

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Association, as Indenture Trustee on Behalf of and With Respect to Ajax

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Mortgage Loan Trust 2013-A, Mortgage-Backed Notes, Series 2013-A;

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2.

Plaintiff’s entire action against Defendants is DISMISSED with prejudice;

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3.

Plaintiffs shall take nothing by the Second Amended Complaint;

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4.

This is a final judgment.

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IT IS SO ORDERED.

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Dated: July 13, 2017

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Hon. Christina A. Snyder
United States District Judge

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JUDGMENT FOLLOWING MOTION FOR SUMMARY JUDGMENT

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