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Sevilla v. Quality Loan Service Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 13, 2009

ARMANDO SEVILLA AND MARISOL SEVILLA, PLAINTIFFS,
v.
QUALITY LOAN SERVICE CORPORATION; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST BY SAXON MORTGAGE SERVICES, INC., AND 1-50, INCLUSIVE, DEFENDANTS.

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

Dated: April 9, 2009

[PROPOSED] ORDER AWARDING ATTORNEY'S FEES

Filed Concurrently with:

1. Notice of Lodging

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.

The Court ORDERS that:

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.

IT IS SO ORDERED.

Hon. Manuel L. Real United States District Court Judge Central District of California

CERTIFICATE OF SERVICE

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 91423 Matthew B. McClendon

20090413

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