Sterner v. Heartland Bank of Clayton et al.,

Filing 25

ORDER signed by District Judge Morrison C. England, Jr. on 6/29/2017 GRANTING 20 Motion to Intervene; FINDING that U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has a right to intervene in this matter pursuant to F.R.Cv.P. R ule 24(a); ORDERING that the Notice of Pendency of Action recorded on 11/13/2009 (Document No. 2009-0098238-00) in the official records of Placer County, California be expunged, canceled, and without any legal force or effect; ORDERING the plaintiff to reimburse the intervenor in the amount of $1,600.00 for its attorneys' fees and costs. (Michel, G.)

1
2
3
4
5
6
7

WILLIAM G. MALCOLM #129271
NICOLAS MATAYRON #304097
MALCOLM ♦ CISNEROS
A Law Corporation
2112 Business Center Drive, Second Floor
Irvine, California 92612
Telephone:
[phone]
Telecopier: [phone]
Attorney for Intervenor, U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

10

CARLA M. STERNER,

11

Plaintiff,

12
13
14
15
16

vs.
HEARTLAND BANK OF CLAYTON;
HSBC MORTGAGE SERVICES, INC.;
HOUSEKEY FINANCIAL
CORPORATION; ARCH HOME LOANS,
INC.; ROSS M. FORRY; and DOES 1-20
inclusive,

Case No. 2:09-cv-03150-MCE-EFB
Assigned to Hon. Morrison C. England, Jr
ORDER EXPUNGING NOTICE OF
PENDENCY OF CLAIM

Defendants

17
18
19

Plaintiff CARLA M. STERNER’s lawsuit against Defendants HSBC MORTGAGE

20

SERVICES, INC. and HOUSEKY FINANCIAL CORPORATION was dismissed on April 8,

21

2010 pursuant to the Court’s Order of dismissal for lack of subject matter jurisdiction against

22

said Defendants. On August 18, 2010, Plaintiff filed a Notice of Voluntary Dismissal as to the

23

remaining Defendants, and on August 19, 2010, the case was closed.

24

Pending before the Court are Motions for Leave to Intervene and to Expunge the Notice

25

of Pendency of Claim recorded by Plaintiff on November 13, 2009. Plaintiff did not file a

26

response to the Motion and, therefore, pursuant to L.R. 230(c), Plaintiff is not entitled to be

27

heard in opposition.

28

///

1
ORDER EXPUNGING NOTICE OF PENDENCY OF CLAIM

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Based on the foregoing and the Court’s consideration of the record in its entirety, and
good cause having been shown, Intervenor U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST’s (hereafter “Intervenor”) Motion (ECF No. 20) is
GRANTED, and the Court hereby orders as follows:
1.

Pursuant to Federal Rules of Civil Procedure R. 24(a), Intervenor has a right to

intervene in this matter.
2.

It is further ordered that the Notice of Pendency of Action recorded on November

13, 2009 as Document No. 2009-0098238-00 in the Official Records of Placer County,
California, attached hereto as Exhibit “1” and relating to the real property located at 681
Fruitvale Road, Lincoln, CA 95648, is hereby expunged, canceled and without any legal force or
effect whatsoever.
3.

It is further ordered that Plaintiff CARLA M. STERNER shall reimburse

Intervenor in the amount of $1,600.00 for its attorneys’ fees and costs.
IT IS SO ORDERED.
Dated: June 29, 2017

16
17
18
19
20
21
22
23
24
25
26
27
28
2
ORDER EXPUNGING NOTICE OF PENDENCY OF CLAIM