Edwards v. Aurora Loan Services, LLC
Filing
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ORDER adopting 45 FINDINGS AND RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 7/6/11: The motion to dismiss plaintiff's First Amended Complaint is granted 30 . Defendant's requests for judicial notice is granted. Defendant's motion to expunge the lis pendens is granted 32 . Defendant's request for attorneys' fees is denied 32 . The Clerk of Court is directed to close this case and vacate all future dates.(Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHIEU EDWARDS,
Plaintiff,
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vs.
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No. CIV-S-10-0092-LKK-KJN-PS
AURORA LOAN SERVICES, LLC;
and DOES 1-50,
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Defendants.
__________________________________/
ORDER
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On May 2, 2011, the magistrate judge filed findings and recommendations herein which
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were served on the parties and which contained notice that any objections to the findings and
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recommendations were to be filed within fourteen days. No objections were filed.
Accordingly, the court presumes that any findings of fact are correct. See Orand v.
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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983).
The court has reviewed the applicable legal standards and, good cause appearing,
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concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.
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Accordingly, IT IS ORDERED that:
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1. The Proposed Findings and Recommendations (Dkt. No. 45) filed May 2, 2011, are
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ADOPTED;
2. The motion to dismiss (Dkt. No. 30) plaintiff’s First Amended Complaint (Dkt. No.
29) pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted;
3. All claims alleged in plaintiff’s First Amended Complaint (Dkt. No. 29) as against
defendant Aurora Loan Services, LLC (“Aurora”) are dismissed with prejudice;
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4. Defendant’s requests for judicial notice (Dkt. Nos. 30-2, 32-3) is granted;
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5. Defendant’s motion to expunge the lis pendens (Dkt. No. 32-1) is granted, and the
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notice of pendency of action recorded by plaintiff on October 30, 2009, in the official records of
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the County of San Joaquin Recorder’s Office as Instrument Number 2009-158423 is expunged;
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6. Defendant’s request for attorneys’ fees (Dkt. No. 32-1 at 12) pursuant to California
Code of Civil Procedure § 405.38 is denied; and
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7. Because all claims against defendant Aurora are dismissed, and because Aurora is the
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only named defendant in this case, plaintiff’s action is dismissed with prejudice and the Clerk of
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Court is directed to close this case and vacate all future dates in this case.
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DATED: July 6, 2011.
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