Opinion
Case No. SACV10-1998 JVS (CWx)
09-26-2011
TIMOTHY TATE, Plaintiffs, v. WELLS FARGO BANK, N. A., an entity formed unknown, and NDEX WEST LLC, a business organization formerly known, and Does 1 to 100, Defendants.
Submitted by: Douglas G. Matsui (#138239) ANGLIN, FLEWELLING, RASMUSSEN CAMPBELL & TRYTTEN, LLP Attorneys for Defendant WACHOVIA MORTGAGE, a Division of Wells Fargo Bank, N.A, formerly known as Wachovia Mortgage, FSB and World Savings Bank, FSB Attorneys for Defendant
Submitted by:
Douglas G. Matsui (#138239)
ANGLIN, FLEWELLING, RASMUSSEN
CAMPBELL & TRYTTEN, LLP
Attorneys for Defendant
WACHOVIA MORTGAGE, a Division
of Wells Fargo Bank, N.A, formerly known as
Wachovia Mortgage, FSB and
World Savings Bank, FSB
Attorneys for Defendant
Honorable James V. Selna
Courtroom 10 C
ORDER REGARDING MOTION BY DEFENDANT WACHOVIA MORTGAGE TO
DISMISS SECOND AMENDED COMPLAINT
Date: September 26, 2011
Time: 1:30 PM.
Crtrm: 10C
The motion of Defendant WACHOVIA MORTGAGE, a Division of Wells Fargo Bank, N.A., formerly known as Wachovia Mortgage, FSB, and World Savings Bank, FSB ("Wachovia" or "defendant"), under Federal Rule of Civil Procedure 12(b)(6) for an order dismissing the second amended complaint of plaintiff TIMOTHY TATE ("plaintiff") came on regularly for hearing before the Court.
The Court, having read and considered the motion, the request for judicial notice, all opposition and reply papers, find and orders as follows:
Defendant Wachovia's Motion to Dismiss is granted.
IT IS HEREBY ORDERED:
1. Defendant Wachovia's Motion to Dismiss is granted without leave to amend;
2. The Second Amended Complaint is dismissed with prejudice.
_______________________
UNITED STATES DISTRICT JUDGE
A.CERTIFICATE OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459.
On August 22, 2011, I served the foregoing document described as:
PROPOSED ORDER REGARDING MOTION BY DEFENDANT WACHOVIA
MORTGAGE TO DISMISS SECOND AMENDED COMPLAINT
on all interested parties in said case addressed as follows:
Served Electronically via Court's CM/ECF System:
Counsel for Plaintiff:
Joseph R. Manning, Jr., Esq.
THE LAW OFFICES OF JOSEPH R.
MANNING, JR.
A PROFESSIONAL CORPORATION
Counsel for NDeX West, LLC
Edward A. Treder, Esq.
BARRETT DAFFIN FRAPPIER
TREDER & WEISS, LLP
[ X ] FEDERAL: I declare that I am employed in the offices of a member of this Court at whose direction the service was made.
Executed on August 22, 2011, at Pasadena, California.
Mark Betti
(Print Name)
_________________
(Signature of Declarant)