UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 18, 2011
PHIL BARBER, PLAINTIFF,
JPMORGAN CHASE BANK,; WELLS FARGO BANK, N.S., AS INDENTURE TRUSTEE OF FIELDSTONE MORTGAGE INVESTMENTS TRUST, SERIES 2007-1; THE WOLF FIRM, A LAW CORPORATION; LITTON LOAN SERVICING LP, A DELAWARE CORPORATION; CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC, A NEW YORK CORPORATION; MORTGAGE ELECTRONIC SYSTEM; AND DOES 6 THROUGH 50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Judge: Honorable James V. Selna
The Court having granted the Motion of defendant JPMorgan Chase Bank, N.A. ("JPMorgan" and "Defendant"), erroneously sued as JPMorgan Chase Bank, for an order dismissing the fourth amended complaint ("FAC") of plaintiff Phil Barber ("Plaintiff") with prejudice against Defendant on January 10, 2011 at 1:00 p.m. in courtroom "10C" of the above entitled court:
IT IS ORDERED, ADJUDGED AND DECREED that
1. Plaintiff's Fourth Amended Complaint filed in this matter is dismissed without leave to amend in its entirety as to Defendant for the reasons stated in this Court's order granting Defendant's motion to dismiss dated January 10, 2011. Judgment is entered in favor of Defendant and against Plaintiff.
2. Plaintiff shall recover nothing against Defendant.
3. Defendant is entitled to recover from Plaintiff the costs of suit in this action.
Defendant may file a Motion to Recover Costs.
Honorable James V. Selna Judge, United States District Court
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