Lopez v. World Savings Bank, FSB et al

Filing 31

ORDER by Judge Saundra Brown Armstrong GRANTING 28 Motion for Attorney Fees. Case referred to Chief Magistrate Judge for determination of appropriate amount of reasonable attorney fees to be awarded (lrc, COURT STAFF) (Filed on 10/13/2009) Modified on 10/14/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 ANTONIO LOPEZ, 7 8 9 vs. Plaintiff, Case No: CV 09-0803 SBA ORDER UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

WORLD SAVINGS BANK, FSB, a 10 California corporation; WACHOVIA MORTGAGE, FSB, a North Carolina 11 corporation; GOLDEN WEST SAVINGS ASSOCIATION 12 SERVICE CO., a California corporation; and Does 1 through 50, 13 inclusive, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Only defendant Wachovia Mortgage, F.S.B. is seeking fees because it alone incurred defense costs and it alone was a party to the contract with Plaintiff.
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Defendant. On July 27, 2009, Defendant1 filed a Motion for Attorneys' Fees [Docket No. 28], which it noticed for hearing on October 6, 2009. For the reasons set forth below, the Court GRANTS Defendant's Motion for Attorneys' Fees. This Court has reviewed the motion, the declaration of Fred Hickman in support thereof, and the Deed of Trust and Note that formed the basis of the underlying action. The Court notes that Defendant's counsel declares that he met and conferred in person with Plaintiff's counsel on July 16, 2009, prior to filing the motion. Moreover, Defendant's counsel declares that he provided Plaintiff's counsel with a print out detailing the fees that are the subject of this motion. [Hickman Decl. at 2:10-17]. Defense counsel subsequently filed this motion seeking attorney fees. Plaintiff

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filed no opposition to Defendant's motion. Under the Court's standing orders, Plaintiff's opposition was due September 15, 2009. To date, no opposition to the motion has been filed. Finally, the Court's standing orders inform the parties that failure to oppose a motion "shall constitute a consent to the granting of the motion." Based upon the above facts, the Court finds good cause to grant Defendant's fee request. The Court refers this matter to a Magistrate Judge of this Court for determination of the appropriate amount to be awarded. Plaintiff should be provided the opportunity to be heard, if he chooses, concerning the reasonable amount of fees awarded. Accordingly, IT IS HEREBY ORDERED THAT Defendant's motion for attorneys' fees is GRANTED. The instant action is referred to the Chief Magistrate Judge or her designee for a determination of the appropriate amount of reasonable attorney fees to be awarded. IT IS SO ORDERED. Dated: 10/8/09 ____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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