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John N. Mash v. Wells Fargo Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 11, 2011

JOHN N. MASH, PLAINTIFF,
v.
WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, N.A. F/K/A WORLD SAVINGS BANK, FSB, AN ENTITY WHOSE FORM IS UNKNOWN; NDEX WEST, LLC, A LIMITED LIABILITY COMPANY AS DOE 1; AND DOES 2 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge James V. Selna, Presiding

Courtroom 10-C

ORDER GRANTING MOTION TO DISMISS COMPLAINT

Date: May 2, 2011 Time: 1:30 p.m. Crtm.: 10-C

The motion of Defendant WELLS FARGO BANK, N.A., formerly known as Wachovia Mortgage, FSB and World Savings Bank, FSB ("Wells" or "defendant"), under Federal Rule of Civil Procedure 12(b)(6) for an order dismissing the complaint of plaintiff JOHN N. MASH ("plaintiff") came on regularly for hearing before the Court.

The Court, having read and considered the motion, the request for judicial notice, all opposition and reply papers, find and orders that Defendant Wells' Motion to Dismiss is granted.

IT IS HEREBY ORDERED:

1. Defendant Wells' Motion to Dismiss is granted with prejudice;

2. The Complaint is dismissed with prejudice.

CERTIFICATE OF SERVICE

I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the City of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459.

On the date below, I served a copy of the following document entitled:

PROPOSED ORDER GRANTING MOTION TO DISMISS COMPLAINT on all interested parties in said case addressed as follows:

Served Electronically Via The Court's CM/ECF System:

Counsel for Plaintiff:

Moses S. Hall LAW OFFICES OF MOSES S. HALL 2651 E. Chapman Ave., Suite 110 Fullerton, CA 92831 Tel.: (714) 738-4830; Fax: (714) 992-7916 BY MAIL: By placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with the firm's practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Pasadena, California, in sealed envelopes with postage fully thereon.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. This declaration is executed in Pasadena, California, on March 21, 2011.

Mark Betti (Print name) (Signature)

20110511

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