Cesar Davila v. Deutsche Bank National Trust Company et al

Filing 31

JUDGMENT by Judge James V. Selna, (See document for details.) WHEREFORE, it is so ordered, adjudged, and decreed that the action be dismissed and that defendants recover their costs of suit. (MD JS-6, Case Terminated). (rla)

1
2
3
4
5
6
7
8

SARAH L. OVERTON (CSB # 163810)
CUMMINGS, MCCLOREY, DAVIS, ACHO & ASSOCIATES, P.C.
3801 University Avenue, Suite 560
Riverside, CA 92501
[phone]
[phone] facsimile
[e-mail]
Attorneys for Defendants
the Honorable Alan H. Friedenthal,
Commissioner of the Superior Court of California,
County of Los Angeles, Bonnie Bogenberger,
Maria Salmeron and Steven Ryan

9

UNITED STATES DISTRICT COURT

10

JS-6

CENTRAL DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

)
) CASE NO. SACV11-01549 JVS(RNBx)
)
CESAR DAVILA,
)
)
) JUDGMENT
Plaintiff,
)
)
)
v.
)
)
DEUTSCHE BANK NATIONAL )
)
TRUST COMPANY, et al.,
)
)
)
Defendants.
)
)
)
The motions to dismiss plaintiff’s first amended complaint of defendants the
Honorable Alan H. Friedenthal, Commissioner of the Superior Court of California,
County of Los Angeles, Bonnie Bogenberger, Maria Salmeron, Steven Ryan, Leroy
D. Baca, Sheriff of Los Angeles County, Eric G. Fernandez and Sean H. Bedrosian
came regularly for hearing on August 6, 2012 before the Honorable James V.
Selna.

27
28
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite560
Riverside, CA 92501
Telephone [phone]
Facsimile [phone]

-1____________________________________________________________________________________________________________________
JUDGMENT

1

After considering the papers in favor of, and in opposition to, the motions to

2

dismiss, and after arguments were heard and considered, the motions to dismiss the

3

plaintiff’s first amended complaint as to defendants Honorable Alan H. Friedenthal,

4

Commissioner of the Superior Court of California, County of Los Angeles, Bonnie

5

Bogenberger, Maria Salmeron, Steven Ryan, Leroy D. Baca, Sheriff of Los Angeles

6

County, Eric G. Fernandez and Sean H. Bedrosian were granted and the complaint

7

dismissed with prejudice as to these defendants.

8
9

WHEREFORE, it is so ordered, adjudged, and decreed that the action be
dismissed and that defendants recover their costs of suit.

10
11

IT IS SO ORDERED:

12
13
14

Dated:

______________________________
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite560
Riverside, CA 92501
Telephone [phone]
Facsimile [phone]

-2____________________________________________________________________________________________________________________
JUDGMENT

1
2

PROOF OF SERVICE
Davila v. Deutsche Bank National Trust Company, et al
CASE NO: SACV11-01549 JVS (RNBx)

3
4
5
6
7

I, the undersigned, declare as follows:
I am employed in the County of Riverside, State of California. I am over
the age of 18 years, and not a party to the within action. I am an employee of or
agent for Cummings, McClorey, Davis, Acho & Associates, P.C., 3801 University
Avenue, Suite 560, Riverside, California 92501.

8
9
10
11
12
13
14
15
16
17
18

On August 13, 2012, I served the foregoing document(s): [PROPOSED]
JUDGMENT on the following party(ies) in this action addressed as follows:
CESAR DAVILA
15940 LAHEY STREET
GRANADA HILLS, CA 91344
[XX] (BY MAIL) I caused a true copy of each document, placed in a sealed
envelope with postage fully paid, to be placed in the United States mail at
Riverside, California. I am “readily familiar” with this firm’s business practice for
collection and processing of mail, that in the ordinary course of business said
document(s) would be deposited with the U.S. Postal Service on that same day. I
understand that the service shall be presumed invalid if the postal cancellation
date or postage meter date on the envelope is more than one day after the date of
deposit for mailing contained in this affidavit.

19
20

[]
(BY PERSONAL SERVICE) I delivered each such document by hand to
each addressee above.

21
22
23
24
25
26
27

[]
(BY OVERNIGHT DELIVERY) I caused a true copy of each document,
placed in a sealed envelope with delivery fees provided for, to be deposited in a
box regularly maintained by United Parcel Service®(UPS). I am readily
familiar with this firm’s practice for collection and processing of documents for
overnight delivery and know that in the ordinary course of business practice the
document(s) described above will be deposited in a box or other facility regularly
maintained by UPS or delivered to a courier or driver authorized by UPS to
receive documents on the same date it is placed for collection.

28
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite560
Riverside, CA 92501
Telephone [phone]
Facsimile [phone]

-3____________________________________________________________________________________________________________________
JUDGMENT

1
2
3
4
5
6
7

[]
(BY FACSIMILE) By use of facsimile machine number [phone], I
served a copy of the within document(s) on the above interested parties at the
facsimile numbers listed above. The transmission was reported as complete and
without error. The transmission report was properly issued by the transmitting
facsimile machine.
Executed on August 13, 2012, in Riverside, California. I declare under
penalty of perjury under the laws of the State of California that the above is true
and correct.
/S/ Marsha Bradley

8
9

Marsha Bradley

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cummings, McClorey,
Davis, Acho
& Associates, P.C.
3801 University Avenue,
Suite560
Riverside, CA 92501
Telephone [phone]
Facsimile [phone]

-4____________________________________________________________________________________________________________________
JUDGMENT