The opinion of the court was delivered by: Hon. Manuel L. Real
[PROPOSED] ORDER AWARDING ATTORNEY'S FEES
2. Declaration of Matthew B. McClendon
The Court, having considered the testimony of Mitchell W. Roth on January 8, 2009 and January 13, 2009, the documents and evidence provided to the Court in this action, the arguments of counsel and the parties, and having found that this action was brought in bad faith and for the purposes of harassment, hereby awards Defendants U.S. Bank, National Association, not in its individual capacity but solely as Trustee for the ABFC 2007-WMC1 Trust, and Saxon Mortgage Services, Inc. their attorney's fees of $23,669.50 pursuant to 15 U.S.C. § 1692k(a)(3), 28 U.S.C. § 1927 and the Court's inherent power and authority to impose sanctions for willful abuse of the judicial process, bad faith conduct during litigation, and filing of frivolous papers.
1. Mitchell W. Roth and MW Roth PLC, jointly and severally, shall reimburse Plaintiff all amounts paid by Plaintiff to file and/or pursue this lawsuit.
2. Mitchell W. Roth and MW Roth PLC shall be jointly and severally liable for Defendants' attorney's fees in the amount of $23.669.50.
Hon. Manuel L. Real United States District Court Judge Central District of California
I, Matthew B. McClendon, an attorney, do hereby certify that on April 9, 2009, I caused a copy of the foregoing [PROPOSED] ORDER AWARDING ATTORNEY'S FEES to be served by the method so indicated below upon the following parties:
Mitchell W. Roth M.W. Roth, PLC 13245 Riverside Drive, Suite 320 Sherman Oaks, California ...