Paik v. Wells Fargo Bank NA et al

Filing 64

ORDER GRANTING MOTION TO EXONERATE BOND AND RETURN FUNDS TO PLAINTIFF by Hon. William Alsup granting 63 Motion for Release of Funds.(whalc2, COURT STAFF) (Filed on 4/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENG HEE PAIK,

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For the Northern District of California

United States District Court

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No. C 10-04016 WHA

Plaintiff,
v.
WELLS FARGO BANK NA, Successor by Merger
to Wells Fargo Bank Southwest, NA formerly
known as Wachovia Mortgage FSB formerly known
as World Savings Bank FSB; WELLS HOME
LOAN SERVICING, LP, a Texas Limited
Partnership; NDeX WEST LLC, a California
Corporation; and DOES 1 through 100, Inclusive,

ORDER GRANTING MOTION
TO EXONERATE BOND AND
RETURN FUNDS TO PLAINTIFF

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Defendants.

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In this mortgage foreclosure action, plaintiff Keng Hee Paik’s application for a temporary

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restraining order and preliminary injunction was granted subject to an $8,000 bond. Plaintiff

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posted the $8,000 undertaking for the bond on January 31. By order dated August 3, 2011, a

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motion for summary judgment as to all claims against defendant Wachovia Mortgage was granted

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(Dkt. No. 61). Plaintiff then filed a notice of voluntary dismissal of all claims (Dkt. No. 62).

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Plaintiff now seeks an order to exonerate the bond posted in support of the TRO and preliminary

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injunction. This action has concluded and the necessity for the bond has passed. Accordingly,

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the motion is granted. The Clerk of the Court is directed to reconvey the $8,000 to plaintiff Keng

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Hee Paik.

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IT IS SO ORDERED.
Dated: April 1, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE