Palma v. Washington Mutual Inc et al

Filing 16

DEFAULT JUDGMENT. Signed by Judge Jeremy Fogel on 1/11/2010. (jflc2, COURT STAFF) (Filed on 1/11/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court is perplexed by Defendants' failure to defend this action; in the Court's experience, these particular Defendants always respond to actions of this kind. However, because Plaintiff's documents appear to be in order, the Court is constrained to grant Plaintiff's motion for default judgment.
C a s e No. C 09-3117 JF (PVT) D E F A U LT JUDGMENT ( JF L C 2 )
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**E-Filed 1/11/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CORAZON PALMA, Plaintiff, v. WASHINGTON MUTUAL, INC., et al., Defendants.

Case Number C 09-3117 JF (PVT) DEFAULT JUDGMENT

On January 8, 2010, the Court heard Plaintiff's motion for default judgment. It appears that Plaintiff served Defendants' agents for service prior to obtaining a Clerk's entry of default, and the motion for default judgment otherwise appears to be well-taken.1 Accordingly, default judgment is HEREBY ENTERED against Defendants Washington Mutual, Inc. and Bank of America, N.A., as follows:

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The Deed of Trust and Notice of Default on the Plaintiff's property located at 2219 Thayer Court, San Jose, California, 95122 ("the Property"), is voided and of no force or effect. The Trustee's Sale conducted on June 15, 2009, which purported to convey title to Bank of America, N.A. is set aside, and title to the Property shall be returned to Plaintiff. Defendants Washington Mutual, Inc. and Bank of America, N.A. are enjoined from proceeding in any way with the underlying foreclosure and from interfering with Plaintiff's quiet and exclusive possession and occupancy of the Property whether by removal, eviction, private sale, unlawful detainer proceedings, or otherwise.

DATED: 1/11/2010

__________________________________ JEREMY FOGEL United States District Judge

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C a se No. C 09-3117 JF (PVT) D E F A U LT JUDGMENT ( JF L C 2 )