Armstrong v. The Bank of New York Mellon

Filing 18

ORDER EXPUNGING LIS PENDENS DUE TO COURTS ORDER OF DISMISSAL. Signed by Judge Samuel Conti on 11/15/2011. (Attachments: # 1 Exhibit)(sclc1, COURT STAFF) (Filed on 11/15/2011)

1
2
3

Ronald D. Roup (94495) [e-mail]
Constance S. Trinh (252926) [e-mail]
ROUP & ASSOCIATES, A LAW CORPORATION
23101 Lake Center Drive, Suite 310
Lake Forest, California 92630
[phone]; Fax: [phone]

4
5
6

Attorneys for Defendant,
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK MELLON, AS
TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-1

7
8

UNITED STATE DISTRICT COURT FOR THE

9

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO

10

22

)
)
)
Plaintiff,
)
)
v.
)
)
THE BANK OF NEW YORK MELLON
)
F/K/A THE BANK OF NEW YORK
)
MELLON, AS TRUSTEE FOR THE
)
HOLDERS OF THE GE-WMC ASSET)
BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-1; and DOES )
)
1 through 100, inclusive,
)
)
Defendants.
)
)
)
)
)
)
)
)

23

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

11
12
13
14
15
16
17
18
19
20
21

RONALD S. ARMSTRONG, an individual

Case No. 3:11-CV-04353-SC
Assigned to Judge: Honorable Samuel Conti
[PROPOSED] ORDER EXPUNGING LIS
PENDENS DUE TO COURT’S ORDER OF
DISMISSAL

24

PLEASE TAKE NOTICE that this Court ordered the above-entitled action dismissed without

25

prejudice on October 28, 2011. A true and correct copy of the Order of Dismissal is attached hereto

26

as Exhibit A. Therefore, the Notice of Pendency of Action pertaining to this action is moot and

27

subject to expungement from the Official Records of Sonoma County. A true and correct copy of

28

the Notice of Pendency of Action is attached hereto as Exhibit B.
ORDER EXPUNGING LIS PENDENS DUE TO COURT’S ORDER OF DISMISSAL
Case No. 3:11-CV-04353-SC
1

1

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

2

The Lis Pendens recorded on July 25, 2011 as Instrument No. 2011062062 in the Official

3

Records of Sonoma County is expunged from the official records, and a copy of this Order may be

4

recorded in the Official Records of Sonoma County as evidence that the herein-referenced Lis

5

Pendens has been expunged.

6
7
8

The Lis Pendens concerns the real property commonly known as 3439 Moorland Ave,
Santa Rosa, CA 95407, located in Sonoma County with the following legal description:
"All that certain real property situated in the County of Sonoma, State
of California, described as follows:

9
PARCEL ONE:
10
11
12
13
14
15

Commencing at the Easterly boundary of the Northwestern Pacific
Railroad and the Southerly boundary of West Oak Avenue; thence
from said Point of Beginning South 89<30! East 639.00 feet; thence
South 11<10! East 152.00 feet; thence South 1<28! West a distance of
60 feet and the Point of Beginning of the parcel of land to be herein
described; thence from said Point of Beginning and continuing South
1<28! West a distance of 60 feet; thence North 88<32! West a distance
of 300 feet; thence North 1<26! East a distance of 60 feet West a
distance of 300 feet; thence North 1<26! East a distance of 60 feet,
thence South 88<32! East a distance of 300 feet to the Point of
Beginning.

16
PARCEL TWO:
17
18
19
20

An easement fro driveway purposes over a portion, of the lands of
Poulsen, as described in that Deed recorded July 6, 1961 in Book
1833 of Official Records, Page 213, Serial No. G-55451, Sonoma
County Records, more particularly described as follows:

25

Commencing at the Easterly boundary of the Northwestern Pacific
Railroad and the Southerly boundary of West Oak Avenue; thence
from the said Point of Commencement South 89<30! East 639 feet;
thence South 11<10! East 152 feet; thence South 1<28! west 272.08
feet to the Point of Commencement of the easement to be herein
described; thence from said Point of Commencement North 88<32!
West a distance of 150 feet; thence South 1<28! West to the North line
of the lands described in Book 3369 of Official Records, Page 678,
Serial No. 589758, Sonoma County Records; thence Easterly along
the said North line 150 feet, more or less, to Moorland Avenue;
thence North 1<28! East 21.89 feet to the Point of Beginning.

26

Assessor’s Parcel Number: 134-111-018"

21
22
23
24

27
28

Dated: November 15, 2011

___________________________________
District Court Judge

ORDER EXPUNGING LIS PENDENS DUE TO COURT’S ORDER OF DISMISSAL
Case No. 3:11-CV-04353-SC
2