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Cal West Homes and Investments, LLC, A California Limited Liability v. Federal Home Loan Mortgage Corporation

January 17, 2013

CAL WEST HOMES AND INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
FEDERAL HOME LOAN MORTGAGE CORPORATION, A FEDERALLY CHARTERED PRIVATE CORPORATION; EXECUTIVE TRUSTEE SERVICES, LLC, DBA ETS SERVICES, LLC, A DELAWARE LIMITED LIABILITY COMPANY; OLD REPUBLIC TITLE COMPANY, A CALIFORNIA CORPORATION; GMAC MORTGAGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY; DANIEL LEE WESTFALL, AN INDIVIDUAL; TANUE WESTFALL, AN INDIVIDUAL; AND DOES 1 - 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Christina A. Snyder

JS-6

ORDER GRANTING STIPULATION TO DISMISS CASE

Plaintiff CAL WEST HOME AND INVESTMENTS, LLC ("Plaintiff") and Defendants EXECUTIVE TRUSTEE SERVICES, LLC, GMAC MORTGAGE, LLC, and FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Corporation ("Defendants"), by and through their attorneys of record in this case, hereby stipulate and agree that:

WHEREAS, Plaintiff filed the instant action in the Superior Court of California, County of Fresno under case No. 12 CE CG 03817 DSB on December 4, 2012 ("Action");

WHEREAS, Defendant Federal Home Loan Mortgage Corporation removed the Action to the United States District Court, Central District of California on January 14, 2013 (Case No. 2:13-cv-00275-CAS-JC);

WHEREAS, removal to the United States District Court, Central District of California was in error, since County of Fresno does not fall within the jurisdiction of the Central District of California;

WHEREAS, on January 15, 2013 Defendant Federal Home Loan Mortgage Corporation properly removed the Action to the United States District Court, Eastern District of California-Fresno Division (Temporary Case No. 1:13-at-00020);

WHEREAS, Parties stipulated to dismiss the Action pending in the United States District Court, Central District of California (Case No. 2:13-cv-00275-CASJC) and proceed before the United States District Court, Eastern District of California-Fresno Division;

WHEREAS, the Court having approved the parties' Stipulation; NOW THEREFORE, based on the parties' Stipulation and good cause appearing, the above captioned Action is hereby dismissed.

IT IS SO ORDERED.

PROOF OF SERVICE

At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is One Embarcadero Center, Suite 2600, San Francisco, CA 94111.

On January 16, 2013, I served true copies of the following document(s): [PROPOSED] ORDER GRANTING STIPULATION TO DISMISS CASE on the interested parties in this action as follows:

Patrick D. Toole Troy T. Ewell WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 310 Fresno, CA 93720 Tel: (559) 233-4800 Fax: (559) 233-9330 E-mail: ptoole@wjhattorneys.com E-mail: tewell@wjhattorneys.com Attorneys for Plaintiff Cal West Homes & Investments, LLC Daniel and Tanue Westfall 4554 E. Olive Avenue Fresno, CA 93702 OLD REPUBLIC TITLE COMPANY C/O Agent ...


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