U S Bank National Association v. David Alan Boucher et al

Filing 56

JUDGMENT FAVOR OF U.S. BANK NATIONAL ASSOCIATION by Judge George H. Wu, Judgment is entered in favor of U.S. Bank on its slander of title claim against Defendants Ruben Heredia ("Heredia") and David Boucher ("Boucher"),jointly and severally, in the amount of $91,974.56.2. Judgment is entered in favor of U.S. Bank on its cancellation ofinstruments claim against (see attached for further details) 54 (MD JS-6, Case Terminated). (pj)

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MATTHEW E. LILLY, SBN 218143
[e-mail]
FINLAYSON WILLIAMS TOFFER
ROOSEVELT & LILLY LLP
15615 Alton Parkway, Suite 250
Irvine, California 92618
Phone: [phone] / Fax: [phone]

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Attorneys for Plaintiff
U.S. Bank National Association

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION – SPRING STREET

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U.S. Bank National Association,
Plaintiff,

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vs.
David Alan Boucher, an individual,
Ruben Heredia, an individual, The
Roberto Vargas Cestui Que Trust, and
DOES 1 through 10, inclusive,
Defendants.

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Hon. George H. Wu
Courtroom 10
JUDGMENT IN FAVOR OF U.S.
BANK NATIONAL ASSOCIATION
Hearing:
Date:
Time:
Location:

June 27, 2013
8:30 a.m.
Courtroom 10

Complaint Filed: August 8, 2012
Trial Date: August 6, 2013

Ruben Heredia,

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CASE NO. EDCV12-1320-GW(DTBx)

Counter Plaintiff,
vs.
U.S. Bank National Association; United
States; DOES 1 through 10,
Counter Defendants.

This action having come for hearing on the following motions filed by U.S.

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Bank National Association ("U.S. Bank"):

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 Motion for Summary Judgment against Ruben Heredia

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 Motion for (1) Default Judgment Against David Boucher on Slander of

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Title and Cancellation of Instruments Claims [FRCP 55]; and (2)

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Judgment Against David Boucher and The Roberto Vargas Cestui Que

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Trust on Quiet Title Claim [CCP § 764.010]

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The Court having granted both Motions in favor of U.S. Bank,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be

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entered for U.S. Bank as follows:
1.

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Judgment is entered in favor of U.S. Bank on its slander of title claim

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against Defendants Ruben Heredia ("Heredia") and David Boucher ("Boucher"),

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jointly and severally, in the amount of $91,974.56.
2.

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Judgment is entered in favor of U.S. Bank on its cancellation of

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instruments claim against Heredia and Boucher, and the document recorded on June 4,

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2012 in the Official Records Recorder’s Office, Los Angeles County, Document No.

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21020829844, titled "Grant Deed," including all exhibits thereto, is cancelled and

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deemed void.
3.

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Judgment is entered in favor of U.S. Bank against all Defendants

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(Heredia, Boucher, and The Roberto Vargas Cestui Que Trust) on U.S. Bank's quiet

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title claim, and title to the subject property, commonly known as 13777 De Garmo

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Avenue, Sylmar, California 91342, the legal description of which is:

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LOT 30 OF TRACT NO. 31189, IN THE CITY OF LOS ANGELES,

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COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER

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MAP RECORDED IN BOOK 879 PAGES 46 TO 49 INCLUSIVE, OF

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//

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//

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MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID

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COUNTY.

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is hereby quieted in favor of U.S. Bank.

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DATED: October 15, 2013
_________________________________
The Honorable George H. Wu
United States District Judge

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