Opinion
CASE NO.: CV-10-4967 R (JCx).
December 8, 2010
JOHN M. SORICH (CA Bar No. 125223), S. CHRISTOPHER YOO (CA Bar No. 169442), CHRISTOPHER J. DONEWALD (CA Bar No. 255454), ALVARADOSMITH, A Professional Corporation, Santa Ana, California, Attorneys for Defendant, WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2006-AR-D, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR3.
ORDER GRANTING MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
Action Filed: March 4, 2010
The Motion of Defendant Wells Fargo Bank, National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc., Bear Stearns Mortgage Funding Trust 2006-AR-3, Mortgage Pass-Through Certificates, Series 2006-AR3 ("Wells Fargo" or "Defendant"), to Dismiss the First Amended Complaint of Plaintiff Oshin Kazarian ("Plaintiff") came regularly for hearing on December 6, 2010, at 10:00 a.m. in Courtroom "8" of the above-entitled Court, located at 312 North Spring Street, Los Angeles, California, the Honorable Manuel Real, presiding. All appearances were made as noted for the record.
The Court, having considered the Motion, Plaintiff's Opposition, and Defendant's Reply brief in support of the Motion, and for the reasons as stated on the record at the time of the hearing, IT IS HEREBY ORDERED THAT:
1. Defendant's Motion to Dismiss Plaintiff's First Amended Complaint is granted in its entirety with prejudice because Plaintiff cannot state any claim against Defendant for the reasons set forth in the papers and as stated on the record.
IT IS SO ORDERED.
DATED: Dec. 8, 2010