Opinion
Case No. 1:13-cv-00073-LJO-SMS
03-13-2013
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.
JOHN B. SULLIVAN (State Bar No. 96742) EDWARD R. BUELL, III (State Bar No. 240494) EVELINA MANUKYAN (State Bar No. 233262) SEVERSON & WERSON A Professional Corporation Attorneys for Defendants EXECUTIVE TRUSTEE SERVICES, LLC and GMAC MORTGAGE, LLC FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Corporation Troy T. Ewell Attorneys for Plaintiff CAL WEST HOMES AND INVESTMENTS, LLC Justin Dennis Harris Attorneys for Defendants TANUE WESTFALL and DANIEL LEE WESTFALL Jennifer Sunshine Muse Attorneys for Defendant OLD REPUBLIC TITLE COMPANY
JOHN B. SULLIVAN (State Bar No. 96742)
EDWARD R. BUELL, III (State Bar No. 240494)
EVELINA MANUKYAN (State Bar No. 233262)
SEVERSON & WERSON
A Professional Corporation
Attorneys for Defendants
EXECUTIVE TRUSTEE SERVICES, LLC and
GMAC MORTGAGE, LLC
FEDERAL HOME LOAN MORTGAGE
CORPORATION, a United States Corporation
AMENDED JOINT STIPULATION TO
ADDRESS BANKRUPTCY STAY PER
COURT'S MARCH 4, 2013 ORDER
Pursuant to March 4, 2013 Order of the Court (Doc. 14), requiring the parties to file joint papers addressing the bankruptcy stay, plaintiff CAL WEST HOME AND INVESTMENTS, LLC ("Plaintiff") and defendants EXECUTIVE TRUSTEE SERVICES, LLC, ("ETS") GMAC MORTGAGE, LLC, ("GMAC") and FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Corporation ("Freddie Mac"), OLD REPUBLIC TITLE COMPANY ("Old Republic"), DANIEL LEE WESTFALL ("D. Westfall") and TANUE WESTFALL ("T. Westfall"), (collectively, "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, on January 15, 2013 Defendant Federal Home Loan Mortgage Corporation removed the Action to the United States District Court, Eastern District of California-Fresno Division (Case No. 1:13-cv-00073);
WHEREAS, Plaintiff asserts a Cause of Action for Negligence against ETS and Old Republic;
WHEREAS, Defendants GMAC and ETS filed a Notice of Bankruptcy and Suggestion of Automatic Stay (Doc. 12) pursuant to which Plaintiff's Sixth Cause of Action for Negligence against ETS is a precluded claim and should be stayed;
WHEREAS, the parties agree that the stay of the Sixth Cause of Action for Negligence against ETS may result in prejudice to Old Republic;
IT IS HEREBY STIPULATED by and between Plaintiff, on the one hand, and Defendants, on the other, through their respective counsel of record herein, that the case should proceed with the exception of the Cause of Action for Negligence against ETS and Old Republic.
IT IS SO STIPULATED.
Respectfully submitted,
SEVERSON & WERSON
A Professional Corporation
By: _______________
Evelina Manukyan
Attorneys for Defendants
EXECUTIVE TRUSTEE SERVICES, LLC, GMAC
MORTGAGE, LLC, and FEDERAL HOME LOAN
MORTGAGE CORPORATION
Respectfully submitted,
WAGNER JONES HELSLEY, PC
By: _______________
Troy T. Ewell
Attorneys for Plaintiff
CAL WEST HOMES AND INVESTMENTS, LLC
Respectfully submitted,
MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
By: _______________
Justin Dennis Harris
Attorneys for Defendants
TANUE WESTFALL and DANIEL LEE WESTFALL
Respectfully submitted,
ANDERSON, MCPHARLIN & CONNORS, LLC
By: _______________
Jennifer Sunshine Muse
Attorneys for Defendant
OLD REPUBLIC TITLE COMPANY
ORDER
The Court, having duly considered the parties' stipulation as set forth above, and good cause appearing, hereby orders as follows:
In light of the Notice of Bankruptcy Stay (Doc. 12), the Court will stay the Sixth Cause of Action for Negligence against ETS and Old Republic. All other claims against the Defendants will proceed. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE