Opinion
CASE NO.: EDCV11-04639-RGK-PLAx
09-01-2011
XOCHITL ORTIZ, Plaintiff, v. WELLS FARGO BANK, N.A., Successor-In-Interest to WACHOVIA MORTGAGE, FSB; ETS SERVICES, LLC; GMAC MORTGAGE, LLC and DOES 1 through 50, inclusive, Defendants.
Lynette Gridiron Winston (#151003) Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP Pasadena, California 91101-2459 Attorneys for Defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (sued as "Wells Fargo Bank, N.A., successor-in-interest to Wachovia Mortgage, FSB") ("Wells Fargo")
Lynette Gridiron Winston (#151003)
Anglin, Flewelling, Rasmussen,
Campbell & Trytten LLP
Pasadena, California 91101-2459
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
Southwest, N.A., f/k/a Wachovia
Mortgage, FSB, f/k/a World Savings
Bank, FSB (sued as "Wells Fargo Bank,
N.A., successor-in-interest to Wachovia
Mortgage, FSB") ("Wells Fargo")
[The Honorable R. Gary Klausner Courtroom 850]
JUDGMENT OF DISMISSAL
TO THE HONORABLE COURT AND TO PLAINTIFF AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
On August 26, 2011, this Court entered an Order granting the motion of defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (sued as "Wells Fargo Bank, N.A., successor-in-interest to Wachovia Mortgage, FSB") ("Wells Fargo"), to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In accordance with that Order:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Plaintiff's Complaint is dismissed with prejudice.
2. Plaintiff's Xochitl Ortiz shall take nothing from defendant Wells Fargo.
Hon. R. Gary Klausner
United States District Judge
Respectfully submitted,
ANGLIN, FLEWELLING,
RASMUSSEN,
CAMPBELL & TRYTTEN LLP
By: Lynette Gridiron Winston
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest,
N.A., f/k/a Wachovia Mortgage, FSB, f/k/a
World Savings Bank, FSB
CERTIFICATE OF SERVICE
I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the City of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459.
On the date below, I served a copy of the foregoing document entitled:
[PROPOSED] JUDGMENT OF DISMISSAL
on all interested parties as follows:
Served Electronically Via The Court's CM/ECF System:
Counsel for Plaintiff:
CONSUMER PROTECTION
ASSISTANCE COALITION, INC.
2911 S. Bristol Street.
santa Ana, CA 92704-6205
Tel: (800) 991-7634
Fax: (714) 955-6655
Gary Lane, Esq.
glane@4cpls.com
Auriol L.R. Steel
asteel@4cpls.com
Nandita Kumaraswamy
nks077@yahoo.com
Counsel for Defendants ETS Services, LLC
and GMAC Mortgage, LLC:
Stephanie A. Chambers, Esq.
SEVERSON & WERSON, APC
19100 Von Karman Avenue, Suite 700
Irvine, CA 92612
Tel: (949) 442-7110
Fax: (949) 442-7118
sac@severson.com
Regina J. McClendon, Esq.
SEVERSON & WERSON, APC
1 Embarcadero Center, Suite 2600
San Francisco, CA 94111
Tel: (415) 398-3344
Fax: (415) 956-0439
rjm@severson.com
Certificate of Service Continued Next Page
AND
by placing X a true and correct copy enclosed in a sealed envelope addressed as follows:
Charles Ton
Phuong Pham
CONSUMER PROTECTION ASSISTANCE COALITION, INC.
2911 S. Bristol Street.
Santa Ana, CA 92704-6205
Tel: (800) 991-7634
Fax: (714) 955-6655
[X] BY MAIL: I am readily familiar with the firm's practice of collection and processing correspondence by mailing. Under that same practice it would be deposited with U.S. Postal Service on that same day with postage fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
[X] FEDERAL: I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. This declaration is executed in Pasadena, California, on August 31, 2011.
Jill Ashley
(Type or Print Name)
Jill Ashley
(Signature of Declarant)