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Zamora v. U.S. Bank NA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION


January 5, 2010

ALBERT AND KELLY ZAMORA PLAINTIFFS,
v.
U.S. BANK NA AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 1, 2006 MASTR ASSET BACKED SECURITIES TRUST 2006 WMC1 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006 WMC1; WMC MORTGAGE CORPORATION, A CORPORATION; HOMEQ SERVICING, A CORPORATION; T.D. SERVICE COMPANY, A CORPORATION; AND DOES 1-100 INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Hon. James V. Selna

Assigned to: Hon. James V. Selna

ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE

Date: December 21, 2009

Complaint Filed: October 26, 2009 Trial Date: None

Defendants U.S. BANK N.A. As Trustee Under Pooling and Servicing Agreement Dated as of March 1, 2006 Mastr Asset Backed Securities Trust 2006 WMC1 Mortgage Pass-Through Certificates Series 2006 WMC1 and BARCLAYS CAPITAL REAL ESTATE, INC. dba HOMEQ SERVICING erroneously sued herein as HOMEQ SERVICING's ("Defendants") Motion to Dismiss Plaintiffs ALBERT and KELLY ZAMORA's ("Plaintiffs") Complaint came on regularly for hearing on December 21, 2009, at 1:30 p.m. in Courtroom 10C of the above referenced Court, Honorable James V. Selna presiding. Charles R. Wear of Charles R. Wear Law Office appeared on behalf of Plaintiffs. Lukasz I. Wozniak of HOUSER & ALLISON, APC appeared on behalf of Defendants.

The Court, having considered the moving papers, the notice of non- opposition, the arguments of counsel, its own files, matters for which judicial notice was requested and/or proper, good cause appearing, rules as follows:

1.Plaintiffs lack standing to prosecute their claims against Defendants because Plaintiffs' claims are property of the bankruptcy estate.

IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss is GRANTED with prejudice.

20100105

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