UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 14, 2009
ROSA HERNANDEZ, PLAINTIFF,
CAL-WESTERN RECONVEYANCE CORP., HOMECOMINGS FINANCIAL, LLC, AND DOES 1-50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Manuel L. Real
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 Homecomings Financial, LLC its attorney's fees of $6,793.00 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 Homecomings' attorney's fees in the amount of $6,793.00.
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 13, 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 Via U.S. Mail, postage prepaid.
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