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Cortez v. TRI Star Realty and Investments Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION


September 1, 2009

MARGARITA CORTEZ, PLAINTIFF,
v.
TRI STAR REALTY AND INVESTMENTS INC., A CALIFORNIA CORPORATION, ET AL, DEFENDANTS.

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

Courtroom 8

ORDER RE DEFENDANTS US BANK N.A. and SELECT PORTFOLIO SERVICING, INC. ATTORNEYS' FEES

The Court held a Final Pretrial Conference on July 6, 2009 in the above-entitled matter before the Honorable Manuel Real in courtroom 8 of the United States District Court, Central District, Western Division. The Court having noticed the absence of Plaintiff, Margarita Cortez, and her counsel of record, ruled as follows:

1. The Court dismissed the entire case as to all Defendants, with prejudice;

2. The Court found this lawsuit to be frivolous;

3. The Court ordered counsel for all defendants who had appeared in this matter to file a Declaration regarding their attorneys' fees incurred in defending this lawsuit, and proposed order thereon.

The Court having considered the declaration of counsel, Kenneth H. Martin in Support of Attorneys' Fees the Court hereby Orders:

1. Defendants US Bank N.A. (as predecessor in interest to DLJ Mortgage Capital, Inc.) and Select Portfolio Servicing, Inc. are entitled to recover their attorneys' fees from plaintiff's attorney William F. Swearinger in the total amount of $47,078.00.

2. This Order is enforceable as a Judgment.

IT IS SO ORDERED.

Honorable Manuel L. Real

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA

I am employed by the firm of Snyder Law, a Professional Corporation, in the County of Santa Barbara, State of California. I am over the age of 18 and not a party to the within action; my business address is 4050 Calle Real, Suite 200, Santa Barbara, California 93110.

On August 5, 2009, I served the foregoing document described as EX PARTE APPLICATION OF DEFENDANTS US BANK N.A. AND SELECT PORTFOLIO SERVICING, INC. FOR AN AMENDED JUDGMENT ON THEIR MOTION FOR SUMMARY JUDGMENT and [PROPOSED] AMENDED JUDGMENT on all parties of record in this action by placing true and correct copy thereof in a sealed envelope addressed as follows:

PLEASE SEE SERVICE LIST ATTACHED HERETO

XX I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Barbara, California. I am "readily familiar"" with this firm"s practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day from the date of deposit for mailing in the affidavit.

At approximately ________ p.m., I served the foregoing document on all parties of record in this action at the fax number(s) designated above, by placing true copies thereof in our office fax machine, fax number 805.692.2801. The transmission was reported as complete and without error by the transmitting fax machine.

_____ I caused such envelope to be picked up by a common carrier promising overnight delivery, with charges prepaid, for delivery the next day to the persons identified above.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on August 5, 2009, at Santa Barbara, California.

Tracy D. Brower

SERVICE LIST

Margarita Cortez v. Tri Star Realty and Investments, Inc., et al. U.S. District Court Case No. CV08-6737 R (PJWx) William F. Swearinger, Esq. W.F. Swearinger, Inc., PC 6255 Sunset Boulevard, Suite 1021 Hollywood, CA 90028-7411 Telephone: (323) 463-1111 Facsimile: (323) 463-0219 Attorneys for Plaintiff, Margarita Cortez Richard S. Busch, Esq. Law Offices of Richard S. Busch 2660 Townsgate Road, Suite 400 Westlake Village, CA 91361 Telephone: (805) 494-9038 Facsimile: (805) 497-0084 Attorneys for Defendant, Merchants Bonding Company H. Joseph Nourmand, Esq. Law Offices of H. Joseph Nourmand 660 S. Figueroa Street, 24th Floor Los Angeles, CA 90017 Telephone: (213) 688-2888 Facsimile: (213) 688-2848 Attorneys for Defendant, The Mortgage Store Financial, Inc. Scott I. Richards, Esq. Law Offices of Scott I. Richard 313 N. Birch Street Santa Ana, CA 92701 Telephone: (714) 550-9800 Facsimile: (714) 550-9119 Attorneys for Defendant, Homewide Lending Corporation Carlos E. Sosa, Esq. John M. Pagan, Esq. Hausman & Sosa, LLP 18757 Burbank Boulevard, Suite 305 Tarzana, CA 91356-6329 Telephone: (818) 654-9000 Facsimile: (818) 654-9050 Attorneys for Defendant, International Fidelity Insurance Company John M. Williams, Jr., Esq. Williams Law Group 236 W. Mountain Street, Suite 106 Pasadena, CA 91103 Telephone: (626) 795-9009 Facsimile: (626) 795-9003 Attorneys for Defendants, Jorge Enrique, Leopoldo Guerrero, Antonia Guerrero, John Robledo, Maria Veronica Robledo, and Armando A. Zuno, Jr. Jesse S. Hernandez, Esq. Vanessa H. Widener, Esq. Anderson, McPharlin & Conners, LLP 444 S. Flower Street, 31st Floor Los Angeles, CA 90071-2901 Telephone: (213) 688-0080 Facsimile: (213) 622-7594 Attorneys for Defendant, Federal Deposit Insurance Corporation, as Conservator for Indymac Federal Bank, FSB, et al. Daniel J. Goulding, Esq. McCarthy & Holthus, LLP 1770 Fourth Avenue San Diego, CA 92101 Telephone: (619) 685-4800 Facsimile: (619) 685-4810 Attorneys for Defendant, Quality Loan Service Corporation Edward A. Treder, Esq. Barrett Daffin Frappier Treder & Weiss 917 S. Village Oaks Drive, Suite 200 Covina, CA 91724 Telephone: (626) 915.5714 Facsimile: (626) 915.0289 Attorneys for Defendant, Ndex West, LLC Robin Prema Wright, Esq. Wright, Finlay & Zak, LLP 4665 MacArthur Court, Suite 280 Newport Beach, CA 92660 Telephone: (949) 477-5050 Facsimile: (949) 477-9200 Attorneys for Defendants, Everhome Mortgage Company and Mortgage Electronic Registration Systems, Inc. Jeffrey B. Gardner, Esq. Barry Gardner & Kincannon, A Professional Corporation 5000 Birch Street, Suite 420 Newport Beach, CA 92660 Telephone: (949) 851-1911 Facsimile: (949) 851-3935 Attorneys for Defendants Wells Fargo Bank NA dba America's Servicing Company and Credit Suisse First Boston Mortgage Securities Corp.

20090901

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