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Cortez v. Tri-Star Realty and Investments

September 21, 2009

MARGARITA CORTEZ, AN INDIVIDUAL 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, Judge United States District Court

ORDER AWARDING ATTORNEYS' FEES AND COSTS TO DEFENDANT, THE MORTGAGE STORE FINANCIAL, INC.

The above captioned matter came on for hearing on July 6, 2009 on a Final Pre-Trial Conference in Department 8, before the Hon. Manuel L. Real. No appearances having been made by or on behalf of Plaintiff, the Court ruled as follows:

IT IS HEREBY ORDERED that:

1. This entire action is dismissed with prejudice for lack of prosecution;

2. This entire action is declared to be a "frivolous lawsuit";

3. The Court finds that all defendants in this matter are entitled to recover their attorneys' fees and costs as against Plaintiff's counsel, William Swearinger, pursuant to Declarations and Orders to be filed with the Court;

4. The Court awards Defendant, The Mortgage Store Financial Inc. a California corporation ("TMS"), its costs and attorneys' fees in the total sum of $20,775.00, to be paid by William Swearinger, counsel for Plaintiff.

5. This order is to be enforceable as a judgment.

IT IS SO ORDERED.

PROOF OF SERVICE

I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is: 660 S. Figueroa Street, Suite 2400, Los Angeles, CA 90017.

On September 4, 2009, I served the following described as: ORDER AWARDING ATTORNEYS' FEES AND COSTS TO DEFENDANT, THE MORTGAGE STORE FINANCIAL, INC on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

[SEE ATTACHED SERVICE LIST]

[ X ] (BY U.S. MAIL) I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully ...


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