Free Order on Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-01134-L-LSP

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Filed 07/17/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

RICHARD A. CONNORS, an individual, Plaintiff, v. HOMELOAN CORP., dba EXPANDED MORTGAGE CREDIT, a Texas Corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, a Delaware Corporation, U.S. BANK NATIONAL ASSOCIATION as trustee for CREDIT SUISSE FIRST BOSTON HEAT-2005-2, AMERICA'S SERVICING COMPANY, CAL-WESTERN RECONVEYANCE CORP., a California Corporation, Defendants.

Case No. 3:08- CV-01134 -L- LSP ORDER GRANTING JOINT MOTION FOR ORDER OF NONMONETARY JUDGMENT AS TO DEFENDANT CAL-WESTERN RECONVEYANCE CORP. [doc. #15]

Plaintiff RICHARD A. CONNORS ("Plaintiff') and Defendant CAL-WESTERN

22 RECONVEYANCE CORP ("CWRC"), by and through their respective counsel, have 23 submitted a joint motion in which Plaintiff acknowledges and agrees that CWRC has been 24 named as a defendant in this litigation solely in its capacity as a trustee under the Deed of 25 Trust and that it has not been named as a Defendant due to any acts or omissions on its part 26 in the performance of its duties as trustee. 27

CWRC has agreed to be bound by whatever order or judgment is issued by the Court

28 and Plaintiff has agreed that CWRC shall not be subject to any monetary awards, damages, -1ORDER 08cv1134

Case 3:08-cv-01134-L-LSP

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Filed 07/17/2008

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1 attorney's fees or costs. 2

Good cause appearing, the parties' joint motion is GRANTED. Accordingly, IT IS

3 ORDERED that: 4

CWRC has been named as a defendant in this litigation solely in its capacity as a

5 trustee under the deed of trust that is the subject of Plaintiff's first amended complaint and 6 that CWRC has not been named as a defendant due to any acts or omissions on its part in the 7 performance of its duties as trustee. CWRC has not been involved in any way with the 8 property that is the subject of Plaintiff's first amended complaint, except in CWRC's 9 capacity as the trustee under the deed of trust. CWRC shall be bound by whatever order or 10 judgment is issued by the Court and shall not be subject to any monetary awards for 11 damages, attorney's fees or costs. CWRC will not be required to respond to any of the 12 pleadings in this action, and will not be required to appear at any hearings, or the trial in this 13 matter. This Order shall not prejudice the rights of any trustor, beneficiary, or assignee under 14 the deed of trust, and the joint motion does not constitute a waiver of any other person or 15 entity's rights or obligations under the deed of trust. This Order shall inure to the benefit of 16 Plaintiff and CWRC and their successors and/or assigns. 17

IT IS SO ORDERED.

18 DATED: July 17, 2008 19 20 21 COPY TO: 22 HON. LEO S. PAPAS

M. James Lorenz United States District Court Judge

UNITED STATES MAGISTRATE JUDGE
23 24 ALL PARTIES/COUNSEL 25 26 27 28 -2ORDER 08cv1134