UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
September 21, 2009
MARGARITA CORTEZ, AN INDIVIDUAL PLAINTIFF,
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 prepaid at Los Angeles, California in the ordinary course of business.
[ ] (BY FACSIMILE) I caused such document to be transmitted, with a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted, to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he or she has filed in the cause and served on the party making the service. The service is complete at the time of transmission.
[ ] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
[ X ] (FEDERAL) I declare under penalty of perjury under the laws of the United States of
America that the above is true and correct.
Executed on September 4, 2009, at Los Angeles, California.
Paul Driscoll ___________________________ PRINT NAME SIGNATURE
PROOF OF SERVICE
Bill Swearinger, Esq.
WF SWEARINGER, INC., P.C. 6255 Sunset Boulevard Suite 1021 Hollywood, California 90028 Fax No. 323-463-0219 Carlos E. Sosa, Esq.
John M. Pagan, Esq.
HAUSMAN & SOSA LLP 18757 Burbank Boulevard Suite 305 Tarzana, California 91356 Fax No. 818-654-9050 Richard S. Busch, Esq.
LAW OFFICES OF RICHARD S. BUSCH 2660 Towngate Road, Suite 400 Westlake Village, California 91361 Fax No. 805-497-0084 John M. Williams Jr., Esq. WILLIAMS LAW GROUP 236 W Mountain Avenue, Suite 106 Pasadena, California 91103 Fax No. 626-795-9003
Scott I. Richards, Esq.
LAW OFFICES OF SCOTT I. RICHARDS 313 N. Birch Street Santa Ana, California 92701 Fax No. 714-550-9119 Jesse S. Hernandez, Esq.
Arnold W. Holaday, Esq.
Vanessa H. Widener, Esq. ANDERSON, MCPHARLIN & CONNERS LLP 444 South Flower Street, 31st Floor Los Angeles, California 90071 Fax No. 213-622-7594 Edward A. Treder, Esq. BARRETT DAFFIN FRAPPIER TREDER & WEISS 917 S. Village Oaks Drive, Suite 200 Covina, California 91724 Fax No. 626-915-0289 Robin P. Wright, Esq.
WRIGHT FINLAY & ZAK LLP 4665 MacArthur Court, Suite 280 Newport Beach, California 92660 Fax No. 949-477-9200
Daniel J. Goulding, Esq. MCCARTHY & HOLTHUS LLP 1770 4th Avenue San Diego, California 92110 Fax No. 619-685-4810 Kenneth H. Martin, Esq. SNYDER LAW 4050 Calle Real, Suite 200 Santa Barbara, California 93110 Fax No. 805-692-2801
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