Pitre et al v. Wells Fargo Bank, N.A. et al

Filing 15

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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 RICKY PITRE AND LORRAINE PITRE, 9 11 For the Northern District of California United States District Court 10 No. C 12-06419 WHA Plaintiffs, v. ORDER RE REQUEST FOR ORDER OF NOTICE OF LIS PENDENS 13 WELLS FARGO BANK, N.A.; ASC (AMERICA’S SERVICING COMPANY); NDEX WEST LLC; and NORTHWEST TRUSTEE SERVICES; 14 Defendants. 12 / 15 16 Pro se plaintiffs Ricky and Lorraine Pitre have filed a document titled “Lis pendens 17 notice,” requesting a signature from the undersigned judge. According to the statute, California 18 Code of Civil Procedure Section 405, et seq. , “a party to an action who asserts a real property 19 claim may record a notice of pendency of action in which that real property claim is alleged. 20 The notice may be recorded in the office of the recorder of each county in which all or part of the 21 real property is situated.” Cal. Code Civ. Proc. § 405.20. The notice must contain the names of 22 all parties to the action and a description of the property affected by the action. Where a party is 23 proceeding pro se, “a judge of the court in which an action that includes a real property claim is 24 pending may, upon request of a party thereto, approve a notice of pendency of action.” Cal. 25 Code Civ. Proc. § 405.21. Plaintiffs must comply with the requirements of the statute, including 26 stating the names of all parties to the action on the notice, and (2) “caus[ing] a copy of the notice 27 to be mailed, by registered or certified mail, return receipt requested, to all known addresses of 28 the parties to whom the real property claim is adverse and to all owners of record of the real 1 property affected by the real property claim as shown by the latest county assessment roll.” Cal. 2 Code Civ. Proc. § 405.22. 3 Plaintiffs’ proposed notice does not include all defendants named in this lawsuit, which 4 would appear to include Wells Fargo Bank, N.A., ASC (America’s Servicing Company), NDEX 5 West LLC, and Northwest Trustee Services. Plaintiffs shall file a revised notice on the public 6 docket. 7 8 IT IS SO ORDERED. 9 Dated: January 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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