McDonald v. Wells Fargo Bank, N.A.

Filing 5

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 3/12/2013. (rmm2S, COURT STAFF) (Filed on 3/12/2013) (Additional attachment(s) added on 3/12/2013: # 1 Proof of Service) (rmm2S, COURT STAFF).

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Christopher A. Carr (# 44444)
[e-mail]
David M. Newman (# 246351)
[e-mail]
ANGLIN, FLEWELJJNG, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
199 South Los Robles Avenue, Suite 600
Pasadena, California 91101-2459
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
Southwest, N.A., f/k/a Wachovia Mortgage,
FSB, f/k/a World Savings Bank, FSB
(“Wells Fargo”) (sued as “Wells Fargo
Bank, N.A., a/k/a Wells Fargo Home
Mortgage, f/k/a Wachovia Bank, f/k/a
World Savings”)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO/OAKLAND DIVISION

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Cl’
Cl)

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Case No.: 3:13-cv-00987-MEJ

LINDA McDONALD,
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[The Honorable Maria-Elena James]

Plaintiff,
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WELLS FARGO’S NOTICE OF
PLAINTIFF’S COMPLAINT BEING
VOIDED IN STATE COURT PRIOR TO
REMOVAL

v.
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Wells Fargo Bank, N.A. a/k/a Wells Fargo
Home Mortgage, f/k/a Wachovia Bank, f/k/a
World Savings; and DOES 1 to 10,

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Defendants.
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TO THE COURT:
PLEASE TAKE NOTICE that prior to the removal of this action by defendant Wells

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Fargo Bank, N.A. (“Wells Fargo”) on March 6, 2013 (Dkt. # 1), the Alameda County Superior

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Court voided the Complaint filed by plaintiff Linda McDonald (“Plaintiff’). As Exhibit 1

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illustrates, the Superior Court voided the Complaint on February 27, 2013 due to Plaintiffs

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failure to post the required $435 filing fee. Service of the Order Voiding Filings of Linda

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McDonald occurred on February 28, 2013; however, Wells Fargo did not receive notice of the
93000/FR0815/00598341-1

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CASE NO.: 3:13-CV-00987-MEJ

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Order until

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the time of the removal since the Superior Court had already dismissed Plaintiffs lawsuit. Wells

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Fargo apologizes for any inconvenience caused by the removal.

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it filed the Notice of Removal. Accordingly, there was no action to remove at

In light of the fact that the Complaint was ‘voided’ prior to removal, Wells Fargo
requests that the Court dismiss this action since there is nothing to adjudicate.

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Respectfully submitted,
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

Dated: March 11,2013

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David Newman
David Newman
Attorneys for WELLS FARGO

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By:

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This matter is DISMISSED and the
Clerk shall close the file.
Dated: 3/12/2013

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93000/FR0815/00598347-1

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CASE NO.: 3:13-CV-00987-MEJ

EXHIBIT 1

Linda McDonald
1018 Park Street
Hercules, CA 94547

Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
McDonald

No. RG1 3666797

PlaintifUPctitioner()
Order Voiding Filings of Linda
McDonald entered
Wells Fargo Bank, NA.
Defendant/Respondent(s)
(Abbrevialed Tile)

Cause called for Ex Parte Hearing on Failure to Post the required filing fee. On the courts own motion,
IT IS ORDERED THAT the Complaint Breach of Contract/Warranty filed on 2/8/13 is hereby set
aside and deemed void as to Linda McDonald for failure to post the required filing fee of $435.00.

Dated: 02/27/20 13
FcskTdIe

Judge C. Don Clay

Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
Case Number: RG13666797
Order Voiding Filings of 02/27/2013

DECLARATION OF SERVICE BY MAIL
I certify that I am not a party to this cause and that a true and correct copy of the
foregoing document was mailed first class, postage prepaid, in a sealed envelope,
addressed as shown on the foregoing document or on the attached, and that the
mailing of the foregoing and execution of this certificate occurred at
1225 Fallon Street, Oakland, California.
Executed on 02/28/2013.
Executive Officer I Clerk of the Superior Court
By__
Deputy Clerk

complitactioninfo.j sp

Date

Action

02/08/13

Complaint Breach of Contract/Warranty Filed

02/08/13

Page 1 of 1

Civil Case Cover Sheet Filed for Linda McDonald

• 02/08/13

Summons on Complaint Issued and Filed

02111/13

Request Re: Waive Court Fees Filed for Linda McDonald
Request Re: Waive Court Fees As to Linda McDonald Denied

02/11/13

Initial Case Management Conference 06/24/2013 09:00 AM D- 24

02/1 1/13

Notice of Assignment of Judge for All Purposes Issued

02/27113

Order Voiding Filings of Linda McDonald entered

02/27/13

Initial Case Management Conference Hearing Dropped from dept: 24
date:_06/24/2013_time:_09:00_AM
Case Administratively Voided Filed

02/08/13

02/27/13

http://apps.alameda.courts.ca.gov/domainweb/service?ServiceNameDomainWebService&...

3/7/2013

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CERTIFICATE OF SERVICE

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I, the undersigned, declare that I am over the age of 18 and am not a party to this action.
I am employed in the City of Pasadena, California; my business address is Aiiglin, Flewelling,
Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena,
California 91101-2459.

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On the date below, I served a copy of the foregoing document entitled:

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WELLS FARGO’S NOTICE OF PLAINTIFF’S COMPLAINT BEING VOIDED IN
STATE COURT PRIOR TO REMOVAL

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on the interested parties in said case as follows:
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Served By Means Other than Electronically Via the Court’s
CM/ECF System

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Plaintff in Pro Per

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Linda McDonald
1018 Park Street
Hercules, CA 94547
Tel: [phone]
Fax: [phone]

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BY MAIL: I am readily familiar with the firm’s practice of collection and processing
correspondence by mailing. Under that same practice it would be deposited with U.S.
Postal Service on that same day with postage fully prepaid at Pasadena, California in the
ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.

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I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. I declare that I am employed in the office of a member of the
Bar of this Court, at whose direction the service was made. This declaration is executed in
Pasadena, California on March 11, 2013.

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Vanessa Ngo

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(Type or Print Name)

Is! Vanessa Ngo
(Signature of Declarant)

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93000/FR0815/00598341-1

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