Opinion
Case No. 2:13-cv-05988-R (JCx)
11-01-2013
SUSAN EVON, Plaintiff, v. WELLS FARGO HOME MORTGAGE; WELLS FARGO BANK NATIONAL ASSOCIATION; WELLS FARGO MORTGAGE BACKED SECURITIES 2004 M TRUST; FIDELITY NATIONAL TITLE INSURANCE COMPANY; FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, LLC; NBS DEFAULT SERVICES, LLC; USB BANK NATIONAL ASSOCIATION; AMERICAN SECURITIES COMPANY; US BANK NATIONAL ASSOCIATION AS TRUSTEE COMPANY, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004 M BY WELLS FARGO AS SERVICING AGENT, Defendants.
Kutak Rock LLP Jeffrey S. Gerardo Steven M. Dailey Attorneys for Defendants, WELLS FARGO BANK, NA., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-M, and AMERICAN SECURITIES COMPANY WELLS FARGO BANK, N.A.
Jeffrey S. Gerardo #146508
Steven M. Dailey #163857
KUTAK ROCK LLP
5 Park Plaza, Suite 1500
Irvine, CA 92612-1077
Telephone: (949) 417-0999
Facsimile: (949) 417-5394
Email: jeffrey.gerardo@kutakrock.com
Email: steven.dailey@kutakrock.com
Attorneys for Defendants WELLS FARGO BANK, NA.,
SUCCESSOR BY MERGER TO WELLS FARGO
HOME MORTGAGE [erroneously sued as "WELLS
FARGO HOME MORTGAGE" and "WELLS FARGO
BANK NATIONAL ASSOCIATION"], US BANK
NATIONAL ASSOCIATION, AS TRUSTEE,
SUCCESSOR IN INTEREST TO WACHOVIA BANK,
NATIONAL ASSOCIATION AS TRUSTEE FOR
WELLS FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-M [erroneously sued as
"WELLS FARGO MORTGAGE BACKED SECURITIES
2004 M TRUST," "USB BANK NATIONAL
ASSOCIATION," AND "US BANK NATIONAL
ASSOCIATIONS AS TRUSTEE COMPANY,
SUCCESSOR IN INTEREST TO WACHOVIA BANK
NATIONAL ASSOCIATION AS TRUSTEE FOR
WELLS FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2004 M BY WELLS FARGO
AS SERVICING AGENT"] and AMERICAN
SECURITIES COMPANY
Assigned to:
District Judge Manuel L. Real
Assigned Discovery:
Magistrate Judge Jacqueline Chooljian
JUDGMENT
On October 28, 2013, the Court granted WELLS FARGO BANK, NA., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE'S, US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-M's, and AMERICAN SECURITIES COMPANY'S [collectively, "Lender Defendants'"] Motion to Dismiss Plaintiff SUSAN EVON's Complaint and FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC f/k/a FIRST AMERICAN LOAN STAR TRUSTEE SERVICES, LLC's [FIRST AMERICAN's"] Joinder in Lender Defendants' Motion to Dismiss.
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action be, and hereby is Dismissed, with prejudice, as to Lender Defendants and FIRST AMERICAN, and that a Judgment of Dismissal be entered in favor of Lender Defendants and FIRST AMERICAN, and each of them, and against Plaintiff. Based on said judgment, Plaintiff shall take nothing by way of the Complaint against Lender Defendants or FIRST AMERICAN. The case is further dismissed, for the same reasons, as to all named defendants.
JUDGE OF THE U.S. DISTRICT COURT
____________
Hon. Manuel L. Real
Respectfully submitted:
Kutak Rock LLP
By: ____________
Jeffrey S. Gerardo
Steven M. Dailey
Attorneys for Defendants,
WELLS FARGO BANK, NA., SUCCESSOR
BY MERGER TO WELLS FARGO HOME
MORTGAGE, US BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR
IN INTEREST TO WACHOVIA BANK,
NATIONAL ASSOCIATION AS TRUSTEE
FOR WELLS FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-M, and
AMERICAN SECURITIES COMPANY
WELLS FARGO BANK, N.A.