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Cheryl Kelmar v. Bank of America Corporation

March 7, 2013

CHERYL KELMAR
v.
BANK OF AMERICA CORPORATION, ET AL.



The opinion of the court was delivered by: The Honorable Philip S. Gutierrez, United States District Judge

#:5095

CIVIL MINUTES - GENERAL

O

#163/164/165

Present: The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez Not Present n/a Deputy Clerk Court Reporter Tape No. Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings: (In Chambers) Order GRANTING Defendant's Motion to Expunge

Notice of Lis Pendens and DENYING Defendant's Motion for Preliminary and Permanent Injunction

Presently before the Court is Defendant Wells Fargo's Motion to Expunge a Notice of Lis Pendens and Motion for Preliminary and Permanent Injunction. Dkts. # 163, 165. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); Local R. 7-15. After considering the moving papers, the Court hereby GRANTS the Motions to expunge the notice of lis pendens and DENIES the Motion for Preliminary and Permanent Injunction.

Background

Plaintiff Cheryl Kelmar ("Plaintiff"), filed two complaints in 2009, Kelmar v. Countrywide Home Loans, Inc., et al., CV 09-2256 PSG (Ex) (the "Countrywide case") and Kelmar v. Mortgage Electronic Registration Systems, Inc., et al., CV 09-3313 PSG (Ex) (the "MERS case"). On May 25, 2012, Plaintiff filed another Complaint, also relating to foreclose proceedings. Kelmar v. Bank of America, et al., CV 12-4525 PSG (Ex), Dkt. # 1. Plaintiff named five Defendants in the Complaint: Select Portfolio Servicing ("SPS"), Bank of America Corporation ("Bank of America"), Harbor View Mortgage Loan Trust 2006-12 ("Harbor View"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and Wells Fargo Bank ("Wells Fargo"). CV 12-4525 PSG (Ex), Compl. ¶¶ 4-7.

On June 13, 2012, Plaintiff filed a First Amended Complaint. CV 12-4525 PSG (Ex), Dkt. # 18. Under Federal Rule of Civil Procedure 15(a), the filing of the First Amended Complaint was proper because it was filed ...


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