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Hernandez v. HomEq Servicing

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION


April 3, 2009

NAZARIO HERNANDEZ AND MARIA T. HERNANDEZ PLAINTIFFS,
v.
HOMEQ SERVICING AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Manuel Real

ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE

DATE: March 30, 2009

Defendant, Barclays Capital Real Estate, Inc. dba HomEq Servicing erroneously sued herein as HomEq Servicing ("HomEq") filed its Motion to Dismiss on February 4, 2009. A hearing on the Motion was originally set for March 9, 2009. The case was transferred from the Honorable James V. Selna to the Honorable Manuel L. Real on February 22, 2009. The hearing on HomEq's Motion to Dismiss was reset and came before the Court on March 30, 2009, the honorable Manuel L. Real presiding.

Plaintiffs, NAZARIO HERNANDEZ and MARIA T. HERNANDEZ ("Plaintiffs"), failed to file an opposition and did not appear at the hearing on the Motion. Counsel for Defendant also failed to appeared at the hearing. Jennifer L. Lalitte of Houser & Allison appeared on behalf of HomEq.

The Court having considered the moving papers, its own file, and with good cause showing, orders as follows:

The Court GRANTS the above-listed motion, without leave to amend, as stated on the record.

The Court FURTHER ORDERS that MW Roth PLC and/or Mitchell Roth, jointly and severally, shall reimburse plaintiff any monies paid to file or pursue this lawsuit.

The Court FURTHER ORDERS that MW Roth PLC and/or Mitchell Roth, jointly and severally, shall pay $3,050.16 to Defendant for all attorney's fees and costs incurred in defending this action.

IT IS SO ORDERED.

HON. MANUEL L. REAL UNITED STATES DISTRICT COURT JUDGE

20090403

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