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

Filing 227

ORDER ADOPTING 224 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 2/3/15. The 213 Motion for Attorney Fees is GRANTED. Defendant is awarded $146,493.50 in attorneys' fees. (Manzer, C)

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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, et al.,

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No. 2:10-cv-2799-TLN-KJN PS

Plaintiff,
v.

ORDER

WELLS FARGO BANK, NA, INC., et al.,
Defendants.

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On December 30, 2014, the magistrate judge filed findings and recommendations (ECF

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No. 224) herein which were served on the parties and which contained notice that any objections

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to the findings and recommendations were to be filed within fourteen days. On January 13, 2015,

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Plaintiffs filed objections to the proposed findings and recommendations (ECF No. 225), which

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have been considered by the Court.

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This Court reviews de novo those portions of the proposed findings of fact to which an

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see

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also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed

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findings of fact to which no objection has been made, the Court assumes its correctness and

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decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th

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Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi
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Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
Plaintiff’s objections assert that Cal. Civ. Code § 2924 is preempted by federal law and

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therefore Defendant cannot enforce provisions of the notes and deeds of trust at issue in this case.

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(ECF No. 225 at 3–5.) Plaintiff also argues that, in the alternative, a ruling on attorneys’ fees

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should be deferred pending a resolution of Plaintiff’s Ninth Circuit appeal under Federal Rule of

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Civil Procedure (“FRCP”) 54. (ECF No. 225 at 5.) Plaintiff’s objections fail to make any

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argument not previously asserted in their opposition to Defendant’s motion for attorneys’ fees.

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(Pls.’ Opp’n to Mot. for Att’y Fees, ECF No. 220.) This Court has reviewed the findings and

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recommendations of the magistrate judge and finds that the magistrate judge adequately

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addressed these issues. Plaintiff fails to prove that all aspects of California’s non-judicial

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foreclosure scheme are preempted by federal law. Moreover, this Court agrees with the

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magistrate judge that the preemption question has no bearing on claims that are related to the

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contract between the parties, which serves as the basis for attorneys’ fees. Finally, although

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Plaintiff is correct in noting that the Court has the discretion to withhold judgment on this issue

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pending Plaintiff’s Ninth Circuit appeal, the Court agrees with the magistrate judge’s analysis that

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Plaintiff has failed to provide a compelling reason for doing so.

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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 filed December 30, 2014, are
ADOPTED;

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2. Defendant’s motion for attorneys’ fees (ECF No. 213) is GRANTED; and

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3. Defendant is awarded $146,493.50 in attorneys’ fees.

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Dated: February 3, 2015

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Troy L. Nunley
United States District Judge

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