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Xochitl Ortiz v. Wells Fargo Bank

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


September 1, 2011

XOCHITL ORTIZ, PLAINTIFF,
v.
WELLS FARGO BANK, N.A., SUCCESSOR-IN-INTEREST TO WACHOVIA MORTGAGE, FSB; ETS SERVICES, LLC; GMAC MORTGAGE, LLC AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable R. Gary Klausner

Courtroom 850] 95451/000861/00220630-1 1 CASE NO. EDCV11-04639 RGK (PLAx)

[PROPOSED] JUDGMENT OF DISMISSAL

TO THE HONORABLE COURT AND TO PLAINTIFF AND ALL PARTIES AND THEIR COUNSEL OF RECORD:

On August 26, 2011, this Court entered an Order granting the motion of defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (sued as "Wells Fargo Bank, N.A., successor-in-interest to Wachovia Mortgage, FSB") ("Wells Fargo"), to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In accordance with that Order:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Plaintiff's Complaint is dismissed with prejudice.

2. Plaintiff's Xochitl Ortiz shall take nothing from defendant Wells Fargo.

Date: September 1, 2011 ____________________________ Respectfully submitted, Hon. R. Gary Klausner United States District Judge ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP By: /s/ Lynette Gridiron Winston Lynette Gridiron Winston lwinston@afrct.com Attorneys for Defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB 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 foregoing document entitled:

[PROPOSED] JUDGMENT OF DISMISSAL

on all interested parties as follows:

Served Electronically Via The Court's CM/ECF System: Counsel for Plaintiff: Counsel for Defendants ETS Services, LLC and GMAC Mortgage, LLC: CONSUMER PROTECTION ASSISTANCE COALITION, INC. 2911 S. Bristol Street. Santa Ana, CA 92704-6205 Stephanie A. Chambers, Esq. SEVERSON & WERSON, APC 19100 Von Karman Avenue, Suite 700 Irvine, CA 92612 Tel: (800) 991-7634 Fax: (714) 955-6655 Tel: (949) 442-7110 Fax: (949) 442-7118 sac@severson.com Gary Lane, Esq. glane@4cpls.com Auriol L.R. Steel asteel@4cpls.com Regina J. McClendon, Esq. SEVERSON & WERSON, APC 1 Embarcadero Center, Suite 2600 San Francisco, CA 94111 Nandita Kumaraswamy nks077@yahoo.com Tel: (415) 398-3344 Fax: (415) 956-0439 rjm@severson.com Certificate of Service Continued Next Page AND by placing X a true and correct copy enclosed in a sealed envelope addressed as follows:

Charles Ton Phuong Pham CONSUMER PROTECTION ASSISTANCE COALITION, INC. 2911 S. Bristol Street. Santa Ana, CA 92704-6205 Tel: (800) 991-7634 Fax: (714) 955-6655

[X] BY MAIL: I am readily familiar with the firm's practice of collection and processing correspondence by mailing. Under that same practice it would be deposited with U.S. Postal Service on that same day with postage fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

[X] FEDERAL: 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 August 31, 2011.

Jill Ashley /s/ Jill Ashley (Type or Print Name) (Signature of Declarant)

20110901

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