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Gilbert Valdez and Irma Valdez v. Bank of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


December 19, 2011

GILBERT VALDEZ AND IRMA VALDEZ, PLAINTIFFS,
v.
BANK OF AMERICA, AN UNKNOWN ENTITY;
FEDERAL NATIONAL MORTGAGE ASSOCIATION, AN UNKNOWN ENTITY; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Manuel Real United States District Court Judge,

JS-6

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT

[Filed Concurrently with Motion to Dismiss and Request for Judicial Notice] Date: December 19, 2011 Time: 10:00 a.m.

Dept: 8

Complaint Filed: June 20, 2011 Action Removed: July 28, 2011

The Motion to Dismiss Gilbert and Irma Valdez's ("Plaintiffs") First Amended Complaint, by Defendants Bank of America, N.A., Federal National Mortgage Association, and Recontrust Company, N.A. (collectively, "Defendants"), came on for hearing before this Court, the Honorable Manuel Real presiding. The Court, having considered the papers filed both in support of and in opposition to the Motion, and the oral arguments of counsel at the hearing, and for reasons as stated on the record, HEREBY ORDERS that:

Defendants' Motion to Dismiss is granted in its entirety. The First Amended Complaint of Plaintiffs Gilbert and Irma Valdez is dismissed, in its entirety, with prejudice.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

(U.S. Code § 1746)

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Bryan Cave LLP, 120 Broadway, Suite 300, Santa Monica, CA 90401. My email address is debbie.throckmorton@bryancave.com

On October 11, 2011, I served the foregoing document, described as [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, on each interested party in this action, as follows:

Eli J. Karpeles KARPELES & ASSOCIATES 8383 Wilshire Blvd., Suite 346 Beverly Hills, CA 90211 E-Mail: sfkarpeleslaw@gmail.com Attorney for Plaintiffs Gilbert & Irma Valdez Tel: (323) 782-1344 Fax: (323) 782-1975

(VIA U.S. MAIL): I placed a true copy (or original) of the foregoing document in a sealed envelope addressed to each interested party set forth below. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at Bryan Cave LLP, Santa Monica, California. I am readily familiar with Bryan Cave LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business.

(VIA ELECTRONIC SERVICE): The document was served via The United States District Court --Central District's CM/ECF electronic transfer system which generates a Notice of Electronic Filing (NEF) upon the parties, the assigned judge and any registered user in the case. Each transmission was reported as complete and without error.

(FEDERAL ONLY) 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.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on October 11, 2011, at Santa Monica, California.

By: /s/ Debbie Throckmorton

Debbie Throckmorton

20111219

© 1992-2011 VersusLaw Inc.



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