Opinion
Case No. 3:11-CV-04353-SC
11-15-2011
RONALD S. ARMSTRONG, an individual Plaintiff, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-1; and DOES 1 through 100, inclusive, Defendants.
Ronald D. Roup (94495) Constance S. Trinh (252926) ROUP & ASSOCIATES, A LAW CORPORATION Attorneys for Defendant, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-1
Ronald D. Roup (94495)
Constance S. Trinh (252926)
ROUP & ASSOCIATES, A LAW CORPORATION
Attorneys for Defendant,
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK MELLON, AS
TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-1
Assigned to Judge: Honorable Samuel Conti
[PROPOSED] ORDER EXPUNGING LIS
PENDENS DUE TO COURT'S ORDER OF
DISMISSAL
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that this Court ordered the above-entitled action dismissed without prejudice on October 28, 2011. A true and correct copy of the Order of Dismissal is attached hereto as Exhibit A. Therefore, the Notice of Pendency of Action pertaining to this action is moot and subject to expungement from the Official Records of Sonoma County. A true and correct copy of the Notice of Pendency of Action is attached hereto as Exhibit B.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
The Lis Pendens recorded on July 25, 2011 as Instrument No. 2011062062 in the Official Records of Sonoma County is expunged from the official records, and a copy of this Order may be recorded in the Official Records of Sonoma County as evidence that the herein-referenced Lis Pendens has been expunged.
The Lis Pendens concerns the real property commonly known as 3439 Moorland Ave, Santa Rosa, CA 95407, located in Sonoma County with the following legal description:
"All that certain real property situated in the County of Sonoma, State of California, described as follows:
PARCEL ONE:
Commencing at the Easterly boundary of the Northwestern Pacific Railroad and the Southerly boundary of West Oak Avenue; thence from said Point of Beginning South 89°30' East 639.00 feet; thence South 11° 10 East 152.00 feet; thence South 1°28' West a distance of 60 feet and the Point of Beginning of the parcel of land to be herein described; thence from said Point of Beginning and continuing South 1 °28' West a distance of 60 feet; thence North 88°32' West a distance of 300 feet; thence North 1°26' East a distance of 60 feet West a distance of 300 feet; thence North 1°26' East a distance of 60 feet, thence South 88°32' East a distance of 300 feet to the Point of Beginning.
PARCEL TWO:
An easement fro driveway purposes over a portion, of the lands of Poulsen, as described in that Deed recorded July 6, 1961 in Book 1833 of Official Records, Page 213, Serial No. G-55451, Sonoma County Records, more particularly described as follows:
Commencing at the Easterly boundary of the Northwestern Pacific Railroad and the Southerly boundary of West Oak Avenue; thence from the said Point of Commencement South 89°30' East 639 feet; thence South 11°10' East 152 feet; thence South 1°28' west 272.08 feet to the Point of Commencement of the easement to be herein described; thence from said Point of Commencement North 88°32' West a distance of150 feet; thence South 1 °28' West to the North line of the lands described in Book 3369 of Official Records, Page 678, Serial No. 589758, Sonoma County Records; thence Easterly along the said North line 150 feet, more or less, to Moorland Avenue; thence North 1°28' East 21.89 feet to the Point of Beginning.
Assessor's Parcel Number: 134-111-018"
________________________________
District Court Judge