Zivanic v. Washington Mutual Bank, F.A. et al

Filing 31

ORDER by Judge Samuel Conti granting 29 Motion for Return of Property (sclc1, COURT STAFF) (Filed on 5/26/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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YVONNE ZIVANIC,

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Plaintiff,
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v.
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WASHINGTON MUTUAL BANK, N.A.; ERIC )
DIPPEL; LISA DIPPEL; JPMORGAN
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CHASE BANK, N.A.; DEUTSCHE BANK
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NATIONAL TRUST COMPANY; QUALITY
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LOAN SERVICE CORPORATION; and DOES )
1-50, inclusive,
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Defendants.
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Case No. 10-737 SC
ORDER GRANTING DEFENDANTS'
MOTION FOR ORDER EXPUNGING
NOTICE OF PENDENCY OF
ACTION AND FOR ATTORNEYS'
FEES AND COSTS

The Court dismissed this case on July 27, 2010.

ECF No. 22.

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Defendants JP Morgan Chase Bank, N.A., and Deutsche Bank National

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Trust Company (collectively, "Defendants") now seek the expungement

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of the Notice of Pendency of Action filed by Plaintiff Yvonne

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Zivanic ("Plaintiff") on February 19, 2010.

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Defendants also seek attorneys' fees and costs under section 405.38

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of California's Code of Civil Procedure, which provides: "The court

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shall direct the party prevailing on any motion under this chapter

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be awarded reasonable attorney's fees and costs of making or

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opposing the motion unless the court finds that the other party

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acted with substantial justification or other circumstances make

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the imposition of attorney's fees and costs unjust."

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Plaintiff did not file an opposition.

ECF No. 29 ("Mot.").

Id.

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Having reviewed the papers submitted, the Court GRANTS

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Defendants' Motion.

The Court ORDERS expunged the Notice of

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Pendency of Action recorded as Document 20615884 on February 19,

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2010 in the office of the Santa Clara County Recorder's office.

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The Court further ORDERS Plaintiff to pay Defendants $670 in

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reasonable attorneys' fees and costs.

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IT IS SO ORDERED.

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United States District Court

For the Northern District of California

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Dated: May 26, 2011

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UNITED STATES DISTRICT JUDGE
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