Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 121

ORDER signed by Judge Lawrence K. Karlton on 9/17/12 GRANTING 107 Motion to Modify Preliminary Injunction Order as follows: The bond provision of the 21 preliminary injunction issued by this court on 12/14/10, is modified to read: "(3) P laintiff SHALL POST BOND in the amount of $3,645 per month (or such other amount as the parties may agree to in writing, in the event plaintiff's tenants move out), to be posted no later than the fourteenth calendar day of each month, until further order of this court." (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNLY R. BECKER, THE
BECKER TRUST DATED
MARCH 25, 1991,

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NO. CIV. S-10-2799 LKK/KJN
Plaintiffs,

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v.

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O R D E R
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WELLS FARGO BANK, N.A.,
WACHOVIA MORTGAGE
CORPORATION; DOES 1-20,

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Defendants.
/

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Defendant Wells Fargo moves to modify the court’s December 14,

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2010 preliminary injunction order.

It asks the court to increase

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plaintiff’s bond by the amount of income he receives from the three

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properties at issue here.

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to the holder of the note, although he dispute’s Wells Fargo’s

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ownership.

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rental income as well as figures on his expenses.

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not contested plaintiff’s updated numbers nor his claim for

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////

Plaintiff concedes that he owes money

Plaintiff also has provided updated figures on his

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Defendant has

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expenses.1
Accordingly, defendant’s motion (Dkt. No. 107) is GRANTED, as
follows:

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The bond provision of the preliminary injunction issued

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by this court on December 14, 2010 (Dkt. No.21), is

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modified to read: “(3) Plaintiff SHALL POST BOND in the

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amount of $3,645 per month (or such other amount as the

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parties

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plaintiff's tenants move out), to be posted no later

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than the fourteenth calendar day of each month, until

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further order of this court.”

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IT IS SO ORDERED.

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DATED:

may

agree

to

in writing, in the event

September 17, 2012.

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This matter came on for hearing on September 17, 2012.
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