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Salazar v. Quality Loan Service Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 14, 2009

SILVIA SALAZAR, PLAINTIFF,
v.
QUALITY LOAN SERVICE CORP.; WELLS FARGO BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANK OF AMERICA ABFC 2005-HE2 BY SAXON MORTGAGE SERVICES INC. AS ATTORNEY-IN-FACT, AND DOES 1-50, INCLUSIVE, DEFENDANTS.

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

ORDER AWARDING ATTORNEYS' 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 Wells Fargo Bank National Association, as Trustee for ABFC 2005-HE2 Trust; ABFC Asset-Backed Certificates, Series 2005-HE2, and Saxon Mortgage Services, Inc. their attorneys' fees of $13,425.00 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 Defendants' attorneys' fees in the amount of $13,425.00.

IT IS SO ORDERED.

Hon. Manuel L. Real United States District Court Judge

20090414

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