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

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

Document 15

Filed 07/16/2008

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1 PETER J. SALMON (SBN 174386) CHARLES A. CORREIA (SBN 86123) 2 THOMAS N. ABBOTT (SBN 245568) PITE DUNCAN, LLP 525 E. Main Street 3 P.O. Box 12289 4 El Cajon, CA 92022-2289 Telephone: (619) 590-1300 5 Facsimile: (619) 590-1385 E-Mail: [email protected] 6 Attorneys for Defendant 7 CAL-WESTERN RECONVEYANCE CORP. 8 9 10 11 12 13 14 15 16 17 18 19 20 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. Plaintiff RICHARD A. CONNORS ("Plaintiff') and Defendant CAL-WESTERN SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT RICHARD A. CONNORS, an individual, Plaintiff, Case No. 3:08- CV-01134 -L- LSP RICHARD A. CONNORS AND CALWESTERN RECONVEYANCE CORPORATION'S JOINT MOTION OF NON-MONETARY STATUS AS TO DEFENDANT CAL-WESTERN RECONVEYANCE CORP. Complaint Filed: Trial Date: June 24, 2008 N/A

21 RECONVEYANCE CORP ("CWRC"), by and through their respective counsel, respectfully submit 22 this Joint Motion of Non-monetary Status as to CWRC and request the Court issue an Order 23 embodying its terms and provisions. 24 25 A. STATEMENT OF FACTS Plaintiff filed a First Amended Complaint on July 3, 2008, alleging violations of 15

26 U.S.C. § 1611 et. seq., 26 U.S.C. § 2605 et. seq., 15 U.S.C. § 1602 et. seq., 15 U.S.C. § 1692 et. seq., 27 California Civil Code § 1788, Breach of Fiduciary Duty, Breach of Covenant, Quiet Title, and 28 Declaratory Relief in connection with certain real property located at 402 Paso del Norte, Escondido, -1JOINT MOTION OF NON-MONETARY STATUS
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1 California 92026 and identified by Accessor's Parcel Number 187-500-21 ("Subject Property"). 2 B. Plaintiff asserts that the true identity of the holder of the indebtedness secured by deed

3 of trust encumbering the Subject Property is unknown and that his attempts to identify the party or 4 parties owning the indebtedness have not bee fulfilled. 5 C. CWRC's sole interest in the Subject Property arises from its capacity as trustee under

6 that certain deed of trust recorded November 30, 2004, as Instrument Number 2004-1127365 in the 7 Official Records of the County Recorder of San Diego County, State of California ("Deed of Trust"). 8 9 1. JOINT MOTION OF PLAINTIFF AND CWRC Plaintiff acknowledges and agrees that CWRC has been named as a defendant in this

10 litigation solely in its capacity as a trustee under the Deed of Trust and that it has not been named 11 as a defendant due to any acts or omissions on its part in the performance of its duties as trustee. 12 2. CWRC has not been involved in any way with the Subject Property, except in its

13 capacity as the trustee under the Deed of Trust. 14 3. CWRC agrees to be bound by whatever order or judgment is issued by the Court and

15 shall not be subject to any monetary awards for damages, attorney's fees or costs. CWRC will not 16 be required to respond to any of the pleadings in this action, and will not be required to appear at any 17 hearings, or the trial in this matter. 18 4. The filing of this Joint Motion is not intended to and does not prejudice the rights of

19 any trustor, beneficiary, or assignee under the Deed of Trust, and shall not constitute a waiver of any 20 other person or entity's rights or obligations under the Deed of Trust. 21 5. This Joint Motion shall inure to the benefit of the parties and their successors and/or

22 assigns. 23 6. Plaintiff and CWRC agree and request the Court issue an Order consistent with the

24 terms of this Joint Motion. 25 /././ 26 /././ 27 /././ 28 /././ -2JOINT MOTION OF NON-MONETARY STATUS
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Case 3:08-cv-01134-L-LSP

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Filed 07/16/2008

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PITE DUNCAN, LLP

JANIS L TURNER ALC

/s/ Thomas N. Abbott THOMAS N. ABBOTT Attorneys for Defendant CAL-WESTERN RECONVEYANCE CORP. Dated: July 16, 2008

/s/ Janis L. Turner JANIS L. TURNER Attorney for Plaintiff RICHARD A. CONNORS Dated: July 16, 2008

-3JOINT MOTION OF NON-MONETARY STATUS
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