Del Valle et al v. Mortgage Bank of California et al

Filing 48

MEMORANDUM DECISION and ORDER Granting Defendant JPMorgan Chase Bank's Ex Parte Application to Expunge Lis Pendens 46 , Vacating Judgment Entered on May 14, 2010 45 , Dismissing Action Against All Defendants, and Directing Clerk of Court to Enter Jugment in Favor of All Defendants, signed by Judge Oliver W. Wanger on 7/8/2010. (Verduzco, M)

Del Valle et al v. Mortgage Bank of California et al

Doc. 48

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 On May 26, 2010, Defendant JPMorgan Chase Bank ("JPMorgan") 20 filed an ex parte application to expunge the lis pendens recorded 21 on August 4, 2009 in the Kern County Recorder's Office as 22 Instrument No. 0209113422 as to 11611 Peninsula Drive, 23 Bakersfield, CA 93311, Assessor's Parcel Number 522-322-08-00-9. 24 Plaintiffs have filed no objection to this application. 25 This action was dismissed against JPMorgan with prejudice by 26 1 MORTGAGE BANK OF CALIFORNIA, et al., vs. Plaintiffs, ANTONIO DEL VALLE, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-09-1316 OWW/DLB MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT JPMORGAN CHASE BANK'S EX PARTE APPLICATION TO EXPUNGE LIS PENDENS (Doc. 46), VACATING JUDGMENT ENTERED ON MAY 14, 2010 (Doc. 45), DISMISSING ACTION AGAINST ALL DEFENDANTS, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF ALL DEFENDANTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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Order filed on May 14, 2010 (Doc. 44): IT IS HEREBY ORDERED that JPMORGAN'S Motion to Dismiss PLAINTIFFS' First Amended Complaint is GRANTED AND THAT THE ENTIRE ACTION IS DISMISSED WITH PREJUDICE. Judgment was entered on May 14, 2010.

5 However, the docket establishes that two other defendants, 6 Mortgage Bank of California and Quality Loan Service Corporation, 7 were served with process and have not appeared in this action, 8 making the Judgment entered on May 14, 2010 improper. 9 filed on June 28, 2010, (Doc. 47), Plaintiffs' attorney was 10 ordered to file a status report within five court days concerning 11 the status of Mortgage Bank of California and Quality Loan 12 Service Corporation in this action and was advised: 13 14 15 16 Plaintiffs' response was due by Tuesday, July 6, 2010. 17 response has been filed. 18 Accordingly, it is ordered: 19 1. 20 is GRANTED. 21 Kern County Recorder's Office as Instrument No. 0209113422 as to 22 11611 Peninsula Drive, Bakersfield CA 93311, Assessor's Parcel 23 No. 522-322-08-00-9 is EXPUNGED; 24 2. 25 3. 26 2 The Judgment entered on May 14, 2010 is VACATED; This action is DISMISSED against all Defendants; the lis pendens recorded on August 4, 2009 in the JPMorgan's ex parte application to expunge lis pendens No Failure to timely comply will result in the dismissal of this action against Mortgage Bank and Quality Loan Service and the granting of JPMorgan's ex parte application to expunge lis pendens. By Order

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: 668554

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The Clerk of the Court is directed to ENTER JUDGMENT in

favor of all Defendants and against Plaintiffs. IT IS SO ORDERED. July 8, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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