Carnero et al v. EMC Mortgage Corp (EMC) et al
Filing
4
ORDER re 3 Plaintiffs' Request re Notice of Lis Pendens. Signed by Magistrate Judge Howard R. Lloyd on 10/21/2009. (hrllc2, COURT STAFF) (Filed on 10/21/2009)
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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOSE R. CARNERO and MARTA C. CARNERO, v. Plaintiffs, No. C09-04696 HRL ORDER RE PLAINTIFFS' REQUEST RE NOTICE OF LIS PENDENS [Re: Docket No. 3] *E-FILED 10-21-2009*
United States District Court
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For the Northern District of California
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EMC MORTGAGE CORP (EMC), CHASE BANK, NATIONAL DEFAULT SERVICING CORPORATION (NDSC), CHICAGO TITLE COMPANY, REAL TIME RESOLUTIONS, INC., RANDY MIGUEL DOING BUSINESS AS WIRE FINANCIAL, DOES 1-100, inclusive, Defendants. /
Pursuant to Cal. Code Civ. Proc. § 405.21, pro se plaintiffs Jose and Marta Carnero seek this court's approval of their Notice of Lis Pendens ("Notice"), a copy of which is appended to this order. The plaintiffs' complaint appears to potentially affect title to or the right to possession of the real property described in the proposed Notice. Therefore, the Notice is approved. However, the plaintiffs are advised that this approval is not to be construed as a suggestion by this court that any of the claims made in the complaint necessarily have merit, and defendants may upon a proper showing ask for an order expunging the Lis Pendens and/or dismissing the complaint. Likewise, this court intends that the approval applies only with respect to the action pending before it, and not to plaintiffs' reported California state court
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action apparently involving the same real property. SO ORDERED. Dated: October 21, 2009 HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE
United States District Court
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For the Northern District of California
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A copy of this order mailed to: Jose and Marta Carnero 1558 Minnesota Avenue 1 / 2 San Jose, CA 95125-4445
United States District Court
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For the Northern District of California
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