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Martine Ehrenclou, An Individual v. Bank of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 20, 2012

MARTINE EHRENCLOU, AN INDIVIDUAL,
PLAINTIFF,
v.
BANK OF AMERICA, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

ORDER AND STIPULATION TO REMAND REMOVED ACTION

MARTINE EHRENCLOU ("Mrs. Ehrenclou" or "Plaintiff") and BANK OF AMERICA, NATIONAL ASSOCIATION ("BANA" or "Defendant") stipulate as follows:

1. On October 2, 2012, Plaintiff commenced an action in the Superior Court for the State of California in and for the County of Los Angeles, entitled Martine Ehrenclou, an individual, Plaintiff v. Bank of America, National Association, a National Banking Association, and DOES 1 to 50 inclusive, Defendants, as Case Number BC493159 (the "Action").

2. Defendants acknowledged service of the complaint on or about October 22, 2012.

3. On November 5, 2012, Defendants filed a notice of removal of the Action pursuant to U.S.C. §1441(b) with the United States District Court for the Central District of California.

4. On November 2, 2012, Defendants completed the removal process by filing a conformed copy of the notice of removal with the Los Angeles County Superior Court.

5. After some discussion, the parties have agreed that the Action should be remanded to the Los Angeles County Superior Court. Defendants have agreed to allow Plaintiff to file a first amended complaint joining Charles Wagner, Plaintiff's investment advisor, and at all times alleged in the First Amended Complaint, a citizen of California, as a party in the action. To that end, the Parties hereby stipulate that the Action be remanded to the Los Angeles County Superior Court.

Dated: December 19, 2012 Respectfully submitted, LAW OFFICES OF MARC I. ZUSSMAN By:_______________________________ MARC I. ZUSSMAN Attorney for Plaintiff Dated: December , 2012 Gonzalez Saggio & Harlan By:_______________________________ MARAL GASPARIAN NELSON ATKINS Attorneys for Defendants

ORDER

On December , 2012, the Parties to the above-referenced action filed a Stipulation to Remand Removed Action. The Court having reviewed that stipulation and good cause appearing, orders as follows:

1. The Parties' stipulation is approved;

2. Central District of California case number 2:12-cv-09398-PA-E styled MARTINE EHRENCLOU v. BANK OF AMERICA, NATIONAL ASSOCIATION is hereby remanded to Los Angeles County Superior Court.

IT IS SO ORDERED.

20121220

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