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

Filing 43

STIPULATION AND ORDER REGARDING NON-MONETARY STATUS OF DEFENDANT FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC re 39 Proposed Order filed by First American Trustee Servicing Solutions, LLC. Signed by Judge Yvonne Gonzalez Rogers on 5/11/12. (fs, COURT STAFF) (Filed on 5/11/2012)

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Glenn H. Wechsler, State Bar No. 118456
Lawrence D. Harris, State Bar No. 153350
LAW OFFICES OF GLENN H. WECHSLER
1646 N. California Blvd., Suite 450
Walnut Creek, California 94596
Telephone: [phone]
Attorneys for Defendant
FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDY MEADOWS,

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Plaintiff,

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vs.
FIRST AMERICAN TRUSTEE
SERVICING SOLUTIONS, LLC, et al,

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Defendants.
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CASE NO. 4:11-cv-05754-YGR
Assigned to: Hon. Yvonne Gonzalez Rogers
[PROPOSED] ORDER ON
STIPULATION OF NON-MONETARY
STATUS OF DEFENDANT FIRST
AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC

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Pursuant to the Stipulation of Non-Monetary Status of Defendant First American Trustee

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Servicing Solutions, LLC (“FATSS” or “LOANSTAR”), filed with the Court on December 8, 2011, and
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good cause appearing therefor;

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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WHEREAS, Plaintiff filed this action for damages and equitable relief on November 30, 2011,

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regarding a deed of trust foreclosure involving real property located at, and commonly known as 6540

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Springpath Lane, San Jose, California (the “Property”).
WHEREAS, LOANSTAR is the successor foreclosure trustee under the deed of trust that is the

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subject of this action (“Deed of Trust”), appointed by the beneficiary Wells Fargo. In that capacity,

[PROPOSED] ORDER ON STIPULATION OF NON-MONETARY STATUS OF
DEFENDANT FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS LLC – PAGE 1 OF 2
CASE NO. 4:11-cv-05754-YGR

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LOANSTAR was not involved in the initiation or servicing of the subject loan, but rather acted solely as
a foreclosure trustee in the initiation of non-judicial foreclosure proceedings;

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WHEREAS, LOANSTAR has been named as a necessary defendant in this action solely in its

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capacity as a trustee under the deed of trust, and has not been named as a defendant due to any known

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acts or omissions on its part in the performance of its duties as a trustee;

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WHEREAS, the Federal Rules of Civil Procedure do not provide for LOANSTAR, as a non-

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judicial foreclosure trustee, the option of filing a Declaration of Non-Monetary Status, pursuant to the
provisions of California Civil Code § 2924l, in lieu and instead of an answer or other response to
Plaintiff’s Complaint;

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WHEREAS, LOANSTAR is nevertheless prepared to consent and agree to be bound by the

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order or judgment of this Court in the within action as provided by said Cal. Civil Code § 2924l, so long

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as such order or judgment does not contain an award of money damages, costs, attorney’s fees or other

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affirmative relief against LOANSTAR;
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Accordingly, LOANSTAR is not required to respond to the Complaint, respond to discovery
requests, or otherwise further participate in this action.
SO ORDERED,

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Dated: May 11, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER ON STIPULATION OF NON-MONETARY STATUS OF
DEFENDANT FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS LLC – PAGE 2 OF 2
CASE NO. 4:11-cv-05754-YGR