McDonald et al v. Indymac Mortgage Services et al
Filing
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Notice of Pendency of Action. Signed by Judge Maxine M. Chesney on October 16, 2012. (mmclc2, COURT STAFF) (Filed on 10/16/2012)
Case3:12-cv-04610-MMC Document9-1 Filed10/08/12 Page1 of 2
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DARRELL MCDONALD
FLORA MCDONALD
1269 Parkwood Drive
Novato, California 94947
Telephone: (415) 298-5115
Fax: (415) 895-5416
darrellmcdonald@hotmail.com
In pro per
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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vs.
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INDYMAC MORTGAGE SERVICES; )
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NDEX WEST, L.L.C.; ONEWEST
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BANK, F.S.B.; DEUTSCHE BANK
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NATIONAL TRUST COMPANY;
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WELLS FARGO BANK, N.A.; ALL
PERSONS UNKNOWN, CLAIMING )
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ANY LEGAL OR EQUITABLE RIGHT, )
TITLE, ESTATE, LIEN, OR INTEREST )
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IN THE PROPERTY DESCRIBED IN )
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THE COMPLAINT ADVERSE TO
PLAINTIFFS’ TITLE OR ANY CLOUD )
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ON THAT TITLE and DOES 1
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THROUGH 10,
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Defendants.
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________
DARRELL MCDONALD,
FLORA MCDONALD
Case No: 3:12-cv-04610-MMC
Related Case No.: 3:09-cv-01365-MMC
NOTICE OF PENDENCY OF ACTION
[CALIFORNIA CODE OF CIVIL
PROCEDURE 405.21]
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NOTICE IS HEREBY GIVEN that Darrell McDonald and Flora McDonald
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have commenced the above-entitled action against all defendants. The action now
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pending affects title to and possession of the real property located at 1269 Parkwood
-1NOTICE OF PENDANCY OF ACTION
Case3:12-cv-04610-MMC Document9-1 Filed10/08/12 Page2 of 2
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Drive, Novato, California 94947 (the “Property”). The Property is within the
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jurisdiction of this Court, and this Court is the proper court for trial of this action.
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The property is legally described as follows:
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Lot 65, as shown upon that certain map entitled, “Map of
Lynwood Park, Unit Four and Re-Subd. of Lots 41 to 44, inclusive,
Unit Two, in the County of Marin, California”, filed for record May
19, 1955 in Volume 8 of Maps, at Page 60, Marin County Records.
A.P. No. 152-142-19.
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In relation to the property, this action seeks a declaration as to the competing
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rights and interests in the Property.
I hereby attest that I have on file all holographic signatures for any signatures
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indicated by a “conformed” signature (/S/) within this e-filed document.
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DATED: October 6, 2012
Darrell McDonald
Plaintiff in pro per
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/S/
Flora McDonald
Plaintiff in pro per
The Court hereby APPROVES Plaintiffs’ notice of pendency of action. In so
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approving, the Court does not bar any Defendant from moving to expunge the lis
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pendens. The Court also notes, for the benefit of Plaintiffs (who are in pro se), that,
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although the Court is approving the lis pendens on an ex parte basis, California
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Code of Civil Procedure § 405.22 provides that a “claimant shall, prior to
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recordation of the notice, cause a copy of the notice to be mailed, by registered or
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certified mail, return receipt requested, to all known addresses of the parties to
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whom the real property claim is adverse and to all owners of record of the real
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property affected by the real property claim as shown by the latest county
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assessment roll.” Cal. Code Civ. Proc. § 405.22 (emphasis added).
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Dated: October _____, 2012
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_____________________________
Maxine M. Chesney
United States District Court Judge
-2NOTICE OF PENDANCY OF ACTION
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