Salazar v. First American Trustee Servicing Solutions, LLC et al

Filing 19

ORDER by Judge Claudia Wilken DENYING AS MOOT WELLS FARGOS 5 MOTION TO DISMISS AND GRANTING WELLS FARGOS 6 MOTION TO EXPUNGE LIS PENDENS NOTICE. (ndr, COURT STAFF) (Filed on 8/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CARLOS SALAZAR,
Plaintiff,

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No. C 11-03143 CW

v.
FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC; and WELLS FARGO BANK,
N.A.,
Defendants.

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/

ORDER DENYING AS
MOOT WELLS
FARGO’S MOTION TO
DISMISS AND
GRANTING WELLS
FARGO’S MOTION TO
EXPUNGE LIS
PENDENS NOTICE
(Docket Nos. 5
and 6)

United States District Court
For the Northern District of California

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On July 19, 2011, the Court ordered Plaintiff Carlos Salazar

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to respond within seven days to Defendant Wells Fargo Bank, N.A.’s

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motion to dismiss his claims and motion to expunge a lis pendens

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notice that he recorded for property located at 1622 Bissell Avenue

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in Richmond, California.

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failed to respond, his claims against Wells Fargo Bank would be

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dismissed for failure to prosecute.

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The Court warned Plaintiff that, if he

Plaintiff did not respond.

Accordingly, Plaintiff’s claims against Wells Fargo are

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dismissed without prejudice for failure to prosecute.

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Fargo’s motion to dismiss is DENIED as moot (Docket No. 5) and its

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motion to expunge Plaintiff’s lis pendens notice is GRANTED (Docket

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No. 6).

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action and the Bissell Avenue property shall be expunged.

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Fargo’s request for attorneys’ fees in connection with its motion

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to expunge is DENIED.

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Wells

Any lis pendens notice filed by Plaintiff concerning this
Wells

On July 22, 2011, Defendant First American Trustee Servicing
Solutions, LLC, filed a motion to dismiss Plaintiff’s claims.

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Plaintiff’s response to the motion is due August 5, 2011, First

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American’s reply is due August 12, 2011, and a hearing is set for

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August 25, 2011.

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result in the dismissal of his claims against First American.

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Plaintiff’s failure to respond to the motion will

IT IS SO ORDERED.

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Dated: 8/2/2011
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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SALAZAR et al,

Case Number: CV11-03143 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC et al,
Defendant.

/

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United States District Court
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on August 2, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

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Carlos Salazar
1622 Bissell Avenue
Richmond, CA 94801
Dated: August 2, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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