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Wells Fargo Bank, N.A. v. Mitchell

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 29, 2010

WELLS FARGO BANK, N.A., AS TRUSTEE, PLAINTIFF,
v.
JAMES MITCHELL; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

Date: August 2, 2010

Time: 10:00 a.m.

Ctrm: 8

ORDER GRANTING MOTION TO REMAND CASE AND DENYING REQUEST FOR ATTORNEY FEES

On August 2, 2010, the Motion to Remand Case and Request for Attorneys Fees and Costs of Plaintiff, WELLS FARGO BANK, N.A., as Trustee ("Plaintiff"), came on for hearing before the Honorable Manuel L. Real, United States District Court Judge, in Courtroom 8 of this Court.

After considering the moving papers and supporting paperwork including the Declaration of Donna L. La Porte, and good cause appearing therefor,

IT IS ORDERED that:

1. Plaintiff's Motion is GRANTED.

2. This action is ordered remanded to the Superior Court of California, County of Los Angeles, Central Judicial District, Case No.09U13790.

3. Plaintiff's Request for Attorneys' Fees is denied.

PROOF OF SERVICE

I, Gretchen Crumpacker, declare: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 280, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business.

On September 1, 2010, I served the within ORDER GRANTING MOTION TO REMAND CASE AND REQUEST FOR ATTORNEY FEES on all interested parties in this action as follows:

[X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows:

John Corr Saginaw Amy E. Starrett David John Boyer

Robert Jackson & Associates Inc 4199 Campus Drive Suite 700 Irvine, CA 92612 ATTORNEYS TO BE NOTICED

James Mitchell 540 West 110th Street Los Angeles, CA 90061

[X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices.

[ ] (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine.

[ ] (BY FEDERAL EXPRESS - NEXT DAY DELIVERY) I placed true and correct copies of thereof enclosed in a package designated by Federal Express with the delivery fees provided for.

[ ] (State) I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

[X] (Federal) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on September 1, 2010, at Newport Beach, California.

/s/ Gretchen Crumpacker Gretchen Crumpacker

20100929

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