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

Filing 35

ORDER re 34 Stipulation and Request for Order Affirming Defendant NBS Default Services, LLC's Nonmonetary Status and Nonparticipation in this Action. Signed by Magistrate Judge Donna M. Ryu on 2/3/16. (ig, COURT STAFF) (Filed on 2/3/2016)

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Stephen T. Hicklin, Esq. (SBN 136568)
Robert B. Norum, Esq. (SBN 240301)
BUCKLEY MADOLE, P.C.
301 East Ocean Boulevard, Suite 1720
Long Beach, California 90802
Telephone/Facsimile: [phone]
Email: [e-mail]
BMPC File No. 9551-2578
Attorneys for Defendant,
NBS DEFAULT SERVICES, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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)
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Plaintiff,
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vs.
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WELLS FARGO BANK, N.A., a national
)
association; NBS DEFAULT SERVICES,
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LLC, a limited liability company; WELLS
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FARGO HOME MORTGAGE, a division of )
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Wells Fargo Bank, N.A., a California
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corporation; and DOES 1 through 100,
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inclusive,
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Defendants.
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)
AMY L. GREEN,

CASE NO. 4:15-cv-05150-DMR
(Magistrate Judge Donna M. Ryu)
ORDER ON DEFENDANT NBS DEFAULT
SERVICES, LLC’S NONMONETARY
STATUS AND NONPARTICIPATION IN
THIS ACTION
[Filed concurrently with Stipulation]

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After consideration of the STIPULATION AND REQUEST FOR ORDER

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AFFIRMING DEFENDANT NBS DEFAULT SERVICES, LLC’S NONMONETARY

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STATUS AND NONPARTICIPATION IN THIS ACTION, submitted by the parties to this

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action, and good cause appearing; therefore, IT IS HEREBY ORDERED that:

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1.

NBS DEFAULT SERVICES, LLC shall maintain its non-monetary status under

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California Civil Code § 2924l.

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///
-1CASE NO. 4:15-cv-05150-DMR
ORDER ON DEFENDANT NBS DEFAULT SERVICES, LLC’S
NONMONETARY STATUS AND NONPARTICIPATION IN THIS ACTION

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2.

NBS DEFAULT SERVICES, LLC shall not be required to participate in the

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underlying action.

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3.

NBS DEFAULT SERVICES, LLC shall be bound by whatever order or

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judgment is issued by this Court relating to the subject Deed of Trust and/or the Property that is

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the subject of this action or proceeding provided such order or judgment is nonmonetary relief

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only.

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IT IS SO ORDERED.

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DATED: February 3, 2016
By:
Honorable District Court Magistrate Judge
DONNA M. RYU

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-2CASE NO. 4:15-cv-05150-DMR
ORDER ON DEFENDANT NBS DEFAULT SERVICES, LLC’S
NONMONETARY STATUS AND NONPARTICIPATION IN THIS ACTION

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CERTIFICATE OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 301 East Ocean Boulevard, Suite
1720, Long Beach, California 90802.
On February 1, 2016, I served the foregoing document(s) described as [PROPOSED]
ORDER ON DEFENDANT NBS DEFAULT SERVICES, LLC’S NONMONETARY
STATUS AND NONPARTICIPATION IN THIS ACTION on the interested parties in this
action as follows:

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SEE ATTACHED SERVICE LIST
[]
BY PLACING [ ] the original [ ] a true copy thereof enclosed in sealed envelope(s) to the
notification address(es) of record and transmitting via:
[]
U.S. MAIL: I caused such envelope(s) to be delivered by first-class mail. I am
"readily familiar" with the firm's practice of collection and processing mail. It is
deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid
at Long Beach, California in the ordinary course of business. I am aware that on motion
of 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.
[]
OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered by
overnight delivery by close of business the next business day.
[]
PERSONAL DELIVERY: I caused such envelope(s) to be delivered by hand to
the notification address(es) of record by an employee or independent contractor of a
registered California process service

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[]

FACSIMILE TRANSMISSION: I caused a true copy thereof to be served via facsimile
machine to the notification facsimile number(s) of record before close of business. The
facsimile machine I used complied with California Rules of Court, Rule 2.301(2), and the
transmission was reported as complete and without error by a transmission report issued
immediately upon completion of transmittal.

[X]

ELECTRONIC TRANSMISSION: Pursuant to Local Rule 5-4.1, a true and correct copy
(PDF) of the document(s) was electronically filed and subsequently served through the
Court’s CM/ECF system to the email address(es) of record.

[]

STATE: I declare under penalty of perjury under the laws of the state of California that
the above is true and correct.

[X]

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FEDERAL: I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that I am employed in the office of a
member of the bar of this Court at whose direction the service was made.

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Executed on February 1, 2016 at Long Beach, California.

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/s/ Susan Lovejoy
Susan Lovejoy

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-3-

CASE NO. 4:15-cv-05150-DMR
ORDER ON DEFENDANT NBS DEFAULT SERVICES, LLC’S
NONMONETARY STATUS AND NONPARTICIPATION IN THIS ACTION

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SERVICE LIST
Amy L. Green v. Wells Fargo Bank, N.A., et al.
USDC, Northern District, Case No. 4:15-cv-05150-DMR

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GianDominic Vitiello, Esq.
KATCHKO, VITIELLO & KARIKOMI, PC
11500 West Olympic Boulevard, Suite 400
Los Angeles, CA 90064

Attorneys for Plaintiff, AMY L. GREEN

Viddell Lee Heard, Esq.
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
199 South Los Robles Avenue, Suite 600
Pasadena, CA 91101-2459

Attorneys for Defendant, WELLS FARGO
BANK, N.A.

Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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-4CASE NO. 4:15-cv-05150-DMR
ORDER ON DEFENDANT NBS DEFAULT SERVICES, LLC’S
NONMONETARY STATUS AND NONPARTICIPATION IN THIS ACTION