Opinion
Case No.: 2:11-CV-02467-JAM-KJN
10-14-2011
THADDEUS POTOCKI and KELLY DAVENPORT Plaintiff, v. WELLS FARGO BANK, N.A; WELLS FARGO HOME MORTGAGE; US BANK NATIONAL ASSOCIATION, as Trustee for WSAC 2005-ARI; JAY LEVITE, an individual; and DOES 1 through 100, inclusive, Defendants.
STEPHEN J. FOONDOS (SBN: 148982) JANET S. MANRIQUE (SBN: 179489) UNITED LAW CENTER Attorneys for Plaintiffs THADDEUS POTOCKI, KELLY DAVENPORT UNITED LAW CENTER A Professional Law Corporation Brad E. Klein Attorney for Defendants
STEPHEN J. FOONDOS (SBN: 148982)
JANET S. MANRIQUE (SBN: 179489)
UNITED LAW CENTER
Attorneys for Plaintiffs
THADDEUS POTOCKI, KELLY DAVENPORT
STIPULATION TO DISMISS SIXTH
CAUSE OF ACTION, VIOLATION OF
CIVIL CODE §2923.5; AND PROPOSED
ORDER
COME NOW PLAINTIFFS, Thaddeus Potocki and Kelly Davenport, and Defendants WELLS FARGO BANK, N.A. and WELLS FARGO HOME MORTGAGE, by and through their undersigned counsel of record and stipulate that:
1. Plaintiffs wish to withdraw and dismiss with prejudice their Sixth Cause of Action against Defendants for violation of California Civil Code §2923.5;
2. Defendants do not oppose the dismissal of the Sixth Cause of Action with prejudice;
3. The parties believe that the interests of judicial economy will be furthered by the Stipulation rather than through the filing of an amended complaint that withdraws the Sixth Cause of Action.
UNITED LAW CENTER
A Professional Law Corporation
Janet S. Manrique
Attorney for Plaintiffs
UNITED LAW CENTER
A Professional Law Corporation
Brad E. Klein
Attorney for Defendants
Good cause appearing therefor, IT IS SO ORDERED.
JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE