Victor H. Clarke v. Wells Fargo Home Mortgage, LLC et al

Filing 20

JUDGMENT OF DISMISSAL by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: The Complaint is dismissed as to Wells Fargo, and as to all causes of action, with prejudice; Judgment is entered in favor of defendant Wells Fargo; and Plaintiff, Victor H. Clarke will recover nothing in this action from defendant Wells Fargo. (bp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CASE NO.: 5:17-cv-01720-RGK-SP Victor H. Clarke, Plaintiff, 12 [PROPOSED] JUDGMENT OF DISMISSAL v. 13 [Assigned to the Hon. R. Gary WELLS FARGO HOME MORTGAGE, Klausner] 15 LLC; QUALITY LOAN SERVICE CORPORATION; AND DOES 1 THRU 16 10, inclusive, 14 Defendants. 17 18 19 20 21 22 23 24 25 26 27 On October 10, 2017, the Court entered an Order granting the Motion to Dismiss the Complaint, filed by 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, erroneously sued as “Wells Fargo Home Mortgage, LLC” (“Wells Fargo”) dismissing the Complaint in its entirety, without leave to amend. /// /// /// 28 93000/FR2375/01887391-1 1 CASE NO.: 5:17-CV-01720-RGK-SP [PROPOSED] JUDGMENT OF DISMISSAL 1 Accordingly: 2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 3 1. The Complaint is dismissed as to Wells Fargo, and as to all causes of 4 action, with prejudice; 5 2. Judgment is entered in favor of defendant Wells Fargo; and 6 3. Plaintiff, Victor H. Clarke will recover nothing in this action from 7 defendant Wells Fargo. 8 9 10 DATED: October 30, 2017 11 HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93000/FR2375/01887391-1 2 CASE NO.: 5:17-CV-01720-RGK-SP [PROPOSED] JUDGMENT OF DISMISSAL 1 CERTIFICATE OF SERVICE 2 I, the undersigned, declare that I am over the age of 18 and am not a party to 3 this action. I am employed in the City of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 301 N. Lake 4 Avenue, Suite 1100, Pasadena, California 91101-2459. 5 On the date below, I served a copy of the foregoing document entitled: 6 [PROPOSED] JUDGMENT OF DISMISSAL 7 on the interested parties in said case as follows: 8 Served Electronically Served By Means Other Than the Via the Court’s CM/ECF System: Court’s CM/ECF System: 9 Attorneys for Defendant Quality 10 Loan Service Corporation: 11 Plaintiff Pro Se: Julie O. Molteni, Esq. QUALITY LOAN SERVICE CORPORATION 12 411 Ivy Street Victor H. Clarke San Diego, CA 92101 45675 Sugarloaf Mountain Trail 13 Tel.: 619.645-7711 ǀ Fax: 619.568.3518 Indian Wells, CA 92210 14 Email: dgoulding@qualityloan.com jmolteni@qualityloan.com 15 16  BY MAIL: I am readily familiar with the firm’s practice of collection and processing correspondence by mailing. Under that same practice it would 17 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 18 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 19 date of deposit for mailing in affidavit. 20 I declare under penalty of perjury under the laws of the United States of 21 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 22 made. This declaration is executed in Pasadena, California on October 27, 2017. 23 Carol Goodwin /s/ Carol Goodwin 24 (Type or Print Name) (Signature of Declarant) 25 26 27 28 93000/FR2375/01887391-1 1 CASE NO. 5:17-CV-001720-RGK-SP CERTIFICATE OF SERVICE

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