Miller et al v. Carrington Mortgage Services et al

Filing 29

ORDER Re Security. Signed by Judge Edward M. Chen on 6/1/2012. (Attachments: # 1 Certificate of Service)(emcsec, COURT STAFF) (Filed on 6/1/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD B. MILLER, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-12-2282 EMC

WELLS FARGO BANK, et al.,

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ORDER RE SECURITY

Defendants.
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Per the Court’s order, the parties have submitted evidence as to what the fair rental value of

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the property at issue is. Plaintiffs submit that the fair market rental is $1,400; Defendants that the

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fair market value is $1,807. Both parties’ evidence has problems.

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First, the Court rejects Plaintiffs’ reliance on “GoSection8.com.” Contrary to what Plaintiffs

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suggest, the website is not affiliated with the federal government. Furthermore, the website focuses

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on Section 8 housing, and it is not clear to the Court that Section 8 housing is a proper comparable.

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The Court does give weight to the appraisal submitted by Plaintiffs. To be sure, the appraiser

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discounted the rental value of the comparables by $400 because the subject property is in “bad

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shape” and in “need[] [of] TLC,” without any specific explanation. Nonetheless, of all the data

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presented, this is the most credible.

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Defendants’ evidence is, at best, of limited value because the declarant simply states in

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conclusory terms that the fair rental value is $1,807 based on comparables. No specific information

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about the comparables is given at all.

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Accordingly, the Court orders as follows: To maintain the preliminary injunction, Plaintiffs

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shall provide to the Clerk of the Court by the first of each month a payment in the amount of

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$1,400, except that the payment for June 2012 shall be made by June 8 (instead of June 1). The

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payments shall be maintained by the Clerk of the Court as security for the preliminary injunction. If

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Plaintiffs do not make the required monthly payments, then Defendants may ask the Court to vacate

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the preliminary injunction.

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IT IS SO ORDERED.

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Dated: June 1, 2012

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For the Northern District of California

United States District Court

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_________________________
EDWARD M. CHEN
United States District Judge

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