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Consuelo Gonzalez Labrada v. Deutsche Bank National Trust Company; Home Loan Funding

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION


July 28, 2011

CONSUELO GONZALEZ LABRADA, PLAINTIFF,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY; HOME LOAN FUNDING, INC., A CORPORATE ENTITY ITS ASSIGNEES AND/OR ITS SUCCESSORS IN INTEREST, INDYMAC BANK, FSB, ITS ASSIGNEES AND/OR ITS SUCCESSORS IN INTEREST; ONE WEST BANK, FSB, ITS ASSIGNEES AND/OR ITS SUCCESSORS IN INTEREST; ORANGE COAST TITLE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., A DELAWARE CORPORATE ENTITY;
QUALITY LOAN SERVICE CORPORATION, A CORPORATE ENTITY;
LSI TITLE COMPANY; WELLS FARGO BANK, N.A., AMERICAN SECURITIES COMPANY, AND DOES 1 -100, INCLUSIVE, DEFENDANTS.

Jeffrey S. Gerardo #146508 Steven M. Dailey #163857 KUTAK ROCK LLP Suite 1100 18201 Von Karman Avenue Irvine, CA 92612-1077 Telephone: (949) 417-0999 Facsimile: (949) 417-5394 Attorneys for Defendant WELLS FARGO BANK, N.A. "O"

Assigned to: District Judge Christina A. Snyder Courtroom: 5 -- 2nd Floor Assigned Discovery: Magistrate Judge Fernando M. Olguin JUDGMENT IN FAVOR OF WELLS FARGO Action Filed: October 1, 2010

On July 18, 2011, the Court granted Defendant WELLS FARGO BANK, N.A.'s ["WELLS FARGO's"] Motion to Dismiss Plaintiff CONSUELO GONZALEZ LABRADA's First Amended Complaint without leave to amend. The Court granted, with prejudice, WELLS FARGO's Motion to Dismiss Plaintiff's Fourth Cause of Action for Violations of the FDCPA, 15 U.S.C. sect. 1692F(6) and Twelth Cause of Action for Tortious Violation of the Real Estate Settlement Procedures Act ["RESPA"] and granted, without prejudice, WELLS FARGO's Motion to Dismiss the remaining state law claims. Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED a Judgment of Dismissal be entered in favor of WELLS FARGO and against Plaintiff. Based on said judgment, Plaintiff shall take nothing by way of the First Amended Complaint against WELLS FARGO. Each side shall bear its own fees and costs.

IT IS SO ORDERED.

JUDGE OF THE U.S. DISTRICT COURT

20110728

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