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Ulbata v. Wells Fargo Bank N.A.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 4, 2009

ANGELINE F. ULBATA, PLAINTIFF,
v.
WELLS FARGO BANK N.A., BARCLAYS CAPITAL REAL ESTATE DBA HOMEQ SERVICING, MORTGAGE REGISTRATION SYSTEMS, INC., WMC MORTGAGE CORP. AND T.D. SERVICE COMPANY, AND DOES 1-100, INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter comes before the Court on Defendants Barclays Capital Real Estate, Inc. dba Homeq Servicing, Wells Fargo Bank, N.A., and Mortgage Electronic Registration Systems, Inc.s' (erroneously sued as Mortgage Registration Systems, Inc.) (collectively "Defendant's") Motion to Dismiss, Plaintiff Angeline F. Ulbata's ("Plaintiff's") First Amended Complaint, for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants also bring a Motion to Strike.

Plaintiff does not oppose either motion.*fn1 Defendants' request for Judicial Notice is granted. After carefully considering the papers submitted in this matter, it is hereby ordered that Defendants' Motion to Dismiss is GRANTED WITH PREJUDICE.*fn2

IT IS SO ORDERED.


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