Lopez et al v. Wachovia Mortgage et al

Filing 71

ORDER signed by Judge John A. Mendez on 10/21/10 ORDERING that dfts' 64 Motion for Summary Judgment is GRANTED and dfts Comstock Mortgage, Mendoza and Del Rio are DISMISSED w/ prejudice. (Benson, A.)

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

GLENN W. PETERSON, ESQ. (SBN 126173) STEPHEN R. HAMILTON, ESQ. (SBN 243787) MILLSTONE PETERSON & WATTS, LLP Attorneys at Law 2267 Lava Ridge Court, Suite 210 Roseville, CA 95661 Phone: [phone] Fax: [phone] Attorneys for Defendants Comstock Mortgage, David Mendoza, and Adrian Del Rio UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

STEVE LOPEZ AND CARMEN LOPEZ,

) ) Plaintiffs, ) ) v. ) ) WACHOVIA MORTGAGE, WORLD ) SAVINGS BANK, COMSTOCK ) MORTGAGE, DAVID MENDOZA, ADRIAN ) DEL RIO, and DOES 1 through 20, inclusive, ) ) Defendants. ) ) ) ) ) ) ) )

No. 2:09-CV-01510-JAM-KJN ORDER GRANTING DEFENDANTS COMSTOCK MORTGAGE'S, DAVID MENDOZA'S, AND ADRIAN DEL RIO'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION Date: October 6, 2010 Time: 9:30 a.m. Courtroom: 6 Trial Date: January 10, 2011 Honorable John A. Mendez

This matter came before the Court on Defendants Comstock Mortgage ("Comstock"), David Mendoza ("Mendoza"), and Adrian Del Rio ("Del Rio") (collectively, "Defendants") motion for summary judgment, or in the alternative, summary adjudication of the Third Amended Complaint. On October 6, 2010, the Court heard oral argument on Defendants' Motion. Having reviewed the motion, supporting and opposing memoranda and supporting declarations and exhibits submitted by the parties, and the oral argument of counsel, the Court finds and concludes as follows: /// ///
-1-

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PDF created with pdfFactory trial version www.pdffactory.com

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 HEREBY ORDERED that Defendants' Motion for Summary Judgment is GRANTED in its entirety on the grounds that Plaintiffs have failed to introduce admissible evidence which sets forth any specific facts showing that there is a genuine issue for trial as to any of Plaintiffs' six claims for relief. Plaintiffs' claims, and each of them, against Defendants Comstock, Mendoza and Del Rio are dismissed with prejudice.

IT IS SO ORDERED: DATED: October 21, 2010 /s/ John A. Mendez__________ HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

APPROVED AS TO FORM AND CONTENT: DATED: October 14, 2010 MILLSTONE PETERSON & WATTS, LLP ATTORNEYS AT LAW By: /s/ STEPHEN R. HAMILTON STEPHEN R. HAMILTON

Attorneys for Defendants Comstock Mortgage, David Mendoza, and Adrian Del Rio

APPROVED AS TO FORM AND CONTENT: DATED: October 20, 2010 LANAHAN & REILLEY LLP ATTORNEYS AT LAW By: /s/ MICHAEL J.M. BROOK (AS AUTHORIZED ON 10/20/10) MICHAEL J.M. BROOK

Attorneys for Plaintiffs

-2-

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PDF created with pdfFactory trial version www.pdffactory.com