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Lopez v. Mortgage

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 21, 2010

STEVE LOPEZ AND CARMEN LOPEZ, PLAINTIFFS,
v.
WACHOVIA MORTGAGE, WORLD SAVINGS BANK, COMSTOCK MORTGAGE, DAVID MENDOZA, ADRIAN DEL RIO, AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge

ORDER GRANTING DEFENDANTS COMSTOCK MORTGAGE'S, DAVID MENDOZA'S, AND ADRIAN DEL RIO'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION Date: October 6, 2010 Time: 9:30 a.m. Courtroom: 6 Trial Date: January 10, 2011 Honorable John A. Mendez

This matter came before the Court on Defendants Comstock Mortgage ("Comstock"), David Mendoza ("Mendoza"), and Adrian Del Rio ("Del Rio") (collectively, "Defendants") motion for summary judgment, or in the alternative, summary adjudication of the Third Amended Complaint.

On October 6, 2010, the Court heard oral argument on Defendants' Motion. Having reviewed the motion, supporting and opposing memoranda and supporting declarations and exhibits submitted by the parties, and the oral argument of counsel, the Court finds and concludes as follows:

IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment is GRANTED in its entirety on the grounds that Plaintiffs have failed to introduce admissible evidence which sets forth any specific facts showing that there is a genuine issue for trial as to any of Plaintiffs' siX claims for relief. Plaintiffs' claims, and each of them, against Defendants Comstock, Mendoza and Del Rio are dismissed with prejudice.

IT IS SO ORDERED

20101021

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