Wells Fargo Bank N A v. Kirk Heintz et al

Filing 72

JUDGMENT by Judge James V. Selna, Plaintiff Wells Fargo recover its costs. See judgment for more information. (twdb)

1 Christopher A. Carr (#44444)
[e-mail]
2 Tim G. Ceperley (#112827)
[e-mail]
3 ANGLIN, FLEWELLING,
RASMUSSEN,
4
CAMPBELL & TRYTTEN LLP
199 S. Los Robles Ave., Ste. 600
5 Pasadena, CA 91101-2459
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Plaintiff
Wells Fargo Bank, N.A., successor by
8 merger to Wells Fargo Bank
Southwest, N.A., formerly known as
9 Wachovia Mortgage FSB, formerly
known as World Savings Bank, FSB
10 (“Wells Fargo”)
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

13 Wells Fargo Bank, N.A., successor by
merger to Wells Fargo Bank Southwest,
14 NA, formerly known as Wachovia
Mortgage, FSB, formerly known as
15 World Savings Bank, FSB

CASE NO.: 8:10-cv-01633-JVS-RZ

16

JUDGMENT

17

[Assigned to Hon. James V. Selna]

Plaintiff,
vs.

18 KIRK HEINTZ, an individual; LARRY
TODT, an individual; TODD J. SMITH,
19 an individual; TODD SMITH, an
individual; CARL WALLACE, an
20 individual; GOLDEN WEST CAPITAL,
TRUSTEE OF THE MARANA 16
21 TRUST, an entity whose form is
unknown; and all persons unknown,
22 claiming any legal or equitable right,
title, estate, lien or interest in that real
23 property located in the County of
Orange, commonly described as 16
24 Marana Street, San Clemente, California,
92673 which claim would be adverse to
25 plaintiff’s title to or interest in said
property, or any cloud on plaintiff’s title
26 to or interest in said property; and DOES
1 to 10, inclusive,
27
Defendants.
28
95451/000432/00320708-1

1

Case No.: 8:10-cv-01633-JVS-RZ
[PROPOSED] ORDER RE PLAINTIFF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT

1 GOLDEN WEST CAPITAL, LLC, a
California limited liability company, as
2 Trustee of The Marana 16 Trust,
3

Case No. 8:11-cv-00200-JVS (RZx)
[Assigned to the Hon. James V. Selna,
District Judge]

Plaintiff,

4

vs.

5 WELLS FARGO BANK N.A., a
national banking association; ALL
6 PERSONS UNKNOWN CLAIMING
ANY LEGAL OR EQUITABLE
7 RIGHT, TITLE, ESTATE, LIEN, OR
INTEREST IN THAT REAL
8 PROPERTY LOCATED IN THE
COUNTY OF ORANGE COMMONLY
9 DESCRIBED AS 16 MARANA
STREET, SAN CLEMENTE
10 CALIFORNIA 92673, WHICH CLAIM
IS ADVERSE TO PLAINTIFF’S TITLE
11 TO OR INTEREST IN SAID
PROPERTY; and DOES 1 through 10
12 inclusive,
13

Defendants.

14
The motion for partial summary judgment filed by plaintiff Wells Fargo

15

16 Bank, N.A., successor by merger to Wells Fargo Bank Southwest, N.A., formerly
17 known as Wachovia Mortgage, FSB, formerly known as World Savings Bank,
18 FSB (“Wells Fargo”) came on regularly for hearing before the Honorable James V.
19 Selna on January 9, 2011, at 1:30 p.m. in Courtroom 10C of the above-captioned
20 Court.
21

The Court, having read and considered the motion, all opposition and reply

22 papers, and oral argument and good cause appearing issued its order granting the
23 motion in all respects on January 18, 2012. Wells Fargo having requested that the
24 court’s order be confirmed as a judgment pursuant to FRCP 54(b) and the court
25 having found that there is no just reason for delay:
26

IT IS HEREBY ORDERED AND ADJUDGED:

27

1.

The motion for partial summary judgment is granted in all respects,

28 without leave to amend;
95451/000432/00320708-1

2

Case No.: 8:10-cv-01633-JVS-RZ
[PROPOSED] ORDER RE PLAINTIFF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT

1

2.

The Notice of Rescission, recorded in the official records of Orange

2 County CA as Document No. 2010000207042, the Reconveyance recorded in the
3 official records of Orange County as Document No. 2010000216948, and the
4 Grant Deed from Kirk Heintz to Golden West LLC, trustee of the Marana 16 Trust
5 recorded in the official records of Orange County CA as Document No.
6 2010000395758 are hereby canceled as void; and
7

3.

Title to the subject property, commonly known as 16 Marana Street,

8 San Clemente, California 92673-2742, the legal description of which is:
9

ALL THAT CERTAIN REAL PROPERTY SITUATED
IN THE COUNTY OF ORANGE STATE OF
CALIFORNIA DESCRITBED AS FOLLOWS:

10
11

The land referred to is situated in the County of Orange,
City of San Clemente, State of California, and is
described as follows:

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13

That Portion of Lot 141 of Tract No. 8575, in the City of
San Clemente, County of Orange, State of California, as
shown on a Map recorded in Book 414 Pages 24 to 34
inclusive of Miscellaneous Maps, in the office of the
County recorder of said County, described as follows:

14
15
16

Parcel 141 as shown on that certain Line Adjustment
entitled “Amended Map of Tract No. 8575”, recorded
January 20, 1983 as Instrument No. 83-029466, of
Official Records.

17
18

19 is hereby quieted in favor of Wells Fargo Bank, N.A;
20

4.

21

IT IS SO ORDERED AND ADJUDGED.

Plaintiff Wells Fargo recover its costs.

22
23 Dated: February 09, 2012
24

THE HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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26
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95451/000432/00320708-1

3

Case No.: 8:10-cv-01633-JVS-RZ
[PROPOSED] ORDER RE PLAINTIFF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT

1
CERTIFICATE OF SERVICE

2

I, the undersigned, declare that I am over the age of 18 and am not a party to this
3 action. I am employed in the City of Pasadena, California; my business address is
Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue,
4 Suite 600, Pasadena, California 91101-2459.
5

On the date below, I served a copy of the foregoing document entitled:

6
7
8

[PROPOSED] JUDGMENT
Served Electronically Via the Court’s CM/ECF System
Attorneys for Golden West Capital, Trustee of the Marana 16 Trust:

9

John P. Godsil
Terry J. Kent
FREEMAN, FREEMAN & SMILEY, LLP
1888 Century Park East, #1900
Los Angeles, CA 90069
Tel: [phone]
Fax: [phone]
[e-mail] / [e-mail]

10
11
12
13
14

Served By Means Other than Electronically
Via the Court’s CM/ECF System

15
16

Defendant Kirk Heintz:

17

Kirk Heintz
307 Calle Villario
San Clemente CA 92672

18

19 on the interested parties in said case as follows:
20
21
22
23

BY MAIL: I am readily familiar with the firm’s practice of collection and
processing correspondence by mailing. Under that same practice it would 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 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.

24

I declare under penalty of perjury under the laws of the United States of America
25 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. This
26 declaration is executed in Pasadena, California, on February 7, 2012.
27
Lina C. Velasquez
/s/ Lina C. Velasquez
28

(Type or Print Name)
95451/000432/00320708-1

(Signature of Declarant)
1

Case No.: 8:10-cv-01633-JVS-RZ
CERTIFICATE OF SERVICE

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95451/000432/00320708-1

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Case No.: 8:10-cv-01633-JVS-RZ
CERTIFICATE OF SERVICE