U.S. Bank National Association as Trustee v. Gonzales

Filing 10

ORDER signed by Judge Oliver W. Wanger on 4/8/2011 granting 3 Motion to Remand; granting in part Request for Attorney Fees and denying Request to bar future removals. CASE REMANDED to Kern County Superior Court. Copy of remand order sent. CASE CLOSED. (Lundstrom, T)

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 27 28

ROBERT J. JACKSON & ASSOCIATES, INC. Robert J. Jackson, Esq., SBN 53809 [e-mail] Amy E. Starrett, Esq., SBN 256204 [e-mail] 4199 Campus Drive, Suite 700 Irvine, CA 92612 Tel: [phone]/ Fax: [phone]

Attorneys for Plaintiff, U.S. BANK NATIONAL ASSOCIATION, as Trustee, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA-FRESNO DIVISION U.S. BANK NATIONAL ASSOCIATION, as ) Case No.: 1:11-CV-00060-OWW-JLT Trustee ) ) ORDER GRANTING MOTION TO Plaintiff, ) REMAND; GRANTING IN PART ) REQUEST FOR ATTORNEY FEES; AND v. ) DENYING REQUEST TO BAR FUTURE ) REMOVALS BEATRIZ GONZALES; and DOES 1 through ) 100, inclusive ) ) Defendant. ) Date: March 14, 2011 ) Time: 10:00 a.m. ) Ctrm: 3 ) Location: 2500 Tulare Street, ) Fresno, CA 93721 ) ) ) ) On March 14, 2011 the Motion to Remand Case, Request Attorneys' Fees and Costs, and Request to Bar Future Removals of Plaintiff, U.S. BANK NATIONAL ASSOCIATION, as Trustee ("Plaintiff") came on for hearing before the Honorable Oliver W. Wanger, United States District Court Magistrate Judge, in Courtroom 3 of the above-entitled Court. After considering the moving papers and supporting paperwork including the Declaration of Mira Aynes, the Court enters the following order: 1 _________________________________________________________________
ORDER GRANTING MOTION TO REMAND CASE, REQUEST FOR ATTORNEYS' FEES, AND REQUEST FOR BAR ON FUTURE REMOVALS

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 27 28

IT IS ORDERED that: 1. This action is REMANDED to Superior Court of California, Kern CountyMetropolitan Judicial District, Case No. CL254564; 2. Plaintiff's request for $2,100 in attorney's fees and costs associated with this remand motion is GRANTED IN PART; Plaintiff shall recover only $1,500 in attorney's fees; 3. Plaintiff's request for an injunction against future removals of this action is DENIED;

IT IS SO ORDERED. Dated:

April 8, 2011
DEAC_Sig nature-END:

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE emm0d64h

2 _________________________________________________________________
ORDER GRANTING MOTION TO REMAND CASE, REQUEST FOR ATTORNEYS' FEES, AND REQUEST FOR BAR ON FUTURE REMOVALS