Hugo Chavarria v. Wells Fargo Bank NA et al

Filing 17

JUDGMENT by Judge Dale S. Fischer, in favor of Hugo Chavarria against Metrocities Mortgage LLC. IT IS ORDERED, ADJUGED, AND DECREED that Prospect shall have ajudgment of dismissal entered in its favor and against Plaintiff. Plaintiffs entire action is dismissed with prejudice as to Defendant. Plaintiff shall take nothing against Prospect. (shb)

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Richard M. Hoefflin, Esq., (State Bar No. 061519)
[e-mail]
Jason M. Burrows, Esq., (State Bar No. 190159)
[e-mail]
HOEFFLIN · BURROWS, A Law Corporation
2659 Townsgate Road, Suite 232
Westlake Village, CA 91361-2756
Tel: [phone]; Fax: [phone]

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Attorneys for Defendant,
PROSPECT MORTGAGE, LLC
f/k/a METROCITIES MORTGAGE, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

Hoefflin · Burrows, A Law Corporation
2659 Townsgate Road, Suite 232
Westlake Village, California 91361
805-497-8605

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HUGO CHAVARRIA, a male
individual,

)
)
)
Plaintiff,
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vs.
)
)
WELLS FARGO BANK, N.A., a
)
National Bank Association;
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC., a )
Delaware Corporation;
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The Bank of New York Mellon, f/k/a )
The Bank of New York, successor in )
interest to JPMorgan Chase Bank,
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N.A. as Trustee for Structured Asset )
Mortgage Investments II inc. Bear
)
Stearns ALT-A Trust, Mortgage Pass- )
Through Certificates, Series 2004-6, a )
unknown common law trust;
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AMERICAS SERVICING
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COMPANY; NORTHWEST
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TRUSTEE SERVICES, INC., a
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Washington Corporation; FIRST
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AMERICAN LOANSTAR TRUSTEE )
SERVICES; METROCITIES
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MORTGAGE, LLC a Delaware
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limited liability company; FIDELITY )
NATIONAL LOAN PORTFOLIO
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SOLUTIONS as trustee, a California )
Corporation; And any known or
)
unknown persons claiming any right )
or interest to the subject property of )
plaintiffs, And Does 1 through 10,
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inclusive,
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Defendants.
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Case No.: 2:13-cv-05568-DSF
MANx)
Hon. Dale S. Fischer
Ctrm. 840 - Roybal
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[PROPOSED] JUDGMENT OF
DISMISSAL

Action Filed: 8/1/13

_____________________________________________________________________
[PROPOSED] JUDGMENT OF DISMISSAL

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On October 11, 2013, the Court issued an order (the “Court Order,” see

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ECF No. 14) granting the Motion to Dismiss filed by Defendant Prospect

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Mortgage, LLC f/k/a Metrocities Mortgage, LLC (“Prospect”).

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GOOD CAUSE APPEARING THEREFORE,

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IT IS ORDERED, ADJUGED, AND DECREED that Prospect shall have a

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judgment of dismissal entered in its favor and against Plaintiff. Plaintiff’s entire

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action is dismissed with prejudice as to Defendant. Plaintiff shall take nothing

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against Prospect.

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10/24/13
Hoefflin · Burrows, A Law Corporation
2659 Townsgate Road, Suite 232
Westlake Village, California 91361
805-497-8605

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Dated: __________________

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______________________________
DALE S. FISCHER
UNITED STATES DISTRICT
COURT JUDGE

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126495

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_____________________________________________________________________
[PROPOSED] JUDGMENT OF DISMISSAL

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PROOF OF SERVICE
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Ventura, State of California. My
business address is Hoefflin· Burrows, A Law Corporation, 2659 Townsgate
Road, Suite 232, Westlake Village, California 91361.

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On October 18, 2013, I served true copies of the following document(s):
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[PROPOSED] JUDGMENT OF DISMISSAL
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Hoefflin · Burrows, A Law Corporation
2659 Townsgate Road, Suite 232
Westlake Village, California 91361
805-497-8605

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on the interested parties in this action as follows:
Updated: 9/12/13
Plaintiff In Pro Per
Hugo Chavarria
1555 Bengal Court
Palmdale, CA 93551
Tel: [phone]

[ X ] BY UNITED STATES MAIL - I enclosed the document(s) in a sealed
envelope or package addressed to the persons at the addresses above and (specify
one):
[ ] deposited the sealed envelope with the United States Postal Service, with the
postage fully prepaid.

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[ X ] placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this firm=s practice for collecting
and processing correspondence for mailing. On that same day that the
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with United States Postal Service, in a sealed envelope with
postage fully prepaid. I am a resident or employed in the county where the
mailing occurred. The envelope or package was placed in the mail at Westlake
Village, California. 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 ] BY CM/ECF NOTICE OF ELECTRONIC FILNG - I electronically
filed the document(s) with the Clerk of the Court by using the CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the
CM/ECF system. Participants in the case who are not registered CM/ECF users
will be served by mail or by other means permitted by the court rules.
[ ] BY OVERNIGHT DELIVERY - I enclosed the documents in an envelope
or package provided by an overnight delivery carrier and addressed to the persons
at the addresses above. I placed the envelope or package for collection and
overnight delivery at an office or a regularly utilized drop box of the overnight
delivery carrier.
[ ] BY FACSIMILE TRANSMISSION - Based on an agreement of the
parties to accept service by facsimile transmission, I faxed the documents to the
persons at the facsimile numbers listed above. No error was reported by the
facsimile machine that I used. A copy of the record of the facsimile transmission,
which I printed out, is attached.
_____________________________________________________________________
[PROPOSED] JUDGMENT OF DISMISSAL

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[ ] BY ELECTRONIC SERVICE - Based on a court order or an agreement of
the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses listed above. I did
not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.

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I declare under penalty of perjury under the laws of the State of California
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.

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Executed on October 18, 2013 at Westlake Village, California.
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/s/ Julie Dassinger
JULIE DASSINGER

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Hoefflin · Burrows, A Law Corporation
2659 Townsgate Road, Suite 232
Westlake Village, California 91361
805-497-8605

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_____________________________________________________________________
[PROPOSED] JUDGMENT OF DISMISSAL

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