Pitre et al v. Wells Fargo Bank, N.A. et al
Filing
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ORDER RE REQUEST FOR ORDER OF NOTICE OF LIS PENDENS re 12 Notice of Lis Pendens filed by Ricky Pitre, Lorraine Pitre (whalc2, COURT STAFF) (Filed on 1/22/2013) (Additional attachment(s) added on 1/22/2013: # 1 Certificate/Proof of Service) (dt, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICKY PITRE AND LORRAINE PITRE,
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For the Northern District of California
United States District Court
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No. C 12-06419 WHA
Plaintiffs,
v.
ORDER RE REQUEST FOR ORDER
OF NOTICE OF LIS PENDENS
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WELLS FARGO BANK, N.A.; ASC
(AMERICA’S SERVICING COMPANY);
NDEX WEST LLC; and NORTHWEST
TRUSTEE SERVICES;
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Defendants.
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/
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Pro se plaintiffs Ricky and Lorraine Pitre have filed a document titled “Lis pendens
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notice,” requesting a signature from the undersigned judge. According to the statute, California
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Code of Civil Procedure Section 405, et seq. , “a party to an action who asserts a real property
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claim may record a notice of pendency of action in which that real property claim is alleged.
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The notice may be recorded in the office of the recorder of each county in which all or part of the
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real property is situated.” Cal. Code Civ. Proc. § 405.20. The notice must contain the names of
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all parties to the action and a description of the property affected by the action. Where a party is
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proceeding pro se, “a judge of the court in which an action that includes a real property claim is
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pending may, upon request of a party thereto, approve a notice of pendency of action.” Cal.
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Code Civ. Proc. § 405.21. Plaintiffs must comply with the requirements of the statute, including
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stating the names of all parties to the action on the notice, and (2) “caus[ing] a copy of the notice
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to be mailed, by registered or certified mail, return receipt requested, to all known addresses of
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the parties to 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 assessment roll.” Cal.
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Code Civ. Proc. § 405.22.
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Plaintiffs’ proposed notice does not include all defendants named in this lawsuit, which
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would appear to include Wells Fargo Bank, N.A., ASC (America’s Servicing Company), NDEX
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West LLC, and Northwest Trustee Services. Plaintiffs shall file a revised notice on the public
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docket.
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IT IS SO ORDERED.
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Dated: January 22, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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