You are on page 1of 3

Robert A.

Bailey (#214688) Daniel Armstrong (#270 175) 2 ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN, LLP 3 199 S. Los Robles Avenue, Suite 600 Pasadena, California 91101-2459 4 Tel: (626) 535-1900 Fax: (626) 577-7764 1 Attorneys for Defendant WELLS FARGO BANK, N.A., formerly known as 6 WACHOVIA MORTGAGE, a Division of Wells Fargo Bank, NA., and formerly known as 7 WACHOVIA MORTGAGE, FSB, formerly known as WORLD SAVINGS BANK, FSB (Wells 8 Fargo) and Golden West Savings Association Service Company (Golden West) 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF ALAMEDA 11 5 12 13 14 15 16 vs. JOSE A. FAYARD, Plaintiff, Case No.: FG1 1569997 [Assigned to the Honorable Robert McGuiness] NOTICE OF NON-RECEIPT OF OPPOSITION TO DEFENDANTS MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (US PENDENS) Date: Time: Dept. October 13, 2011 3:00 p.m. 22

WELLS FARGO BANK, N.A. f/k/a WACHOVIA MORTGAGE, a Division of Wells 17 Fargo Bank, NA. f/k/a WACHOVIA MORTGAGE, FSB f/k/a WORLD SAVINGS 18 BANK, FSB; GOLDEN WEST SAVINGS ASSOCIATION SERVICE CO.; LPS 19 DEFAULT SOLUTIONS, INC.; CALWESTERN RECONVEYANCE 20 CORPORATION; and DOES 1 through 250 inclusive, 21 Defendants. 22 23 24 25 26 27 28

TO PLAINTIFF AND HIS COUNSEL OF RECORD: PLEASE TAKE NOTICE that defendant Wells Fargo Bank, N.A., formerly known as Wachovia Mortgage, a division of Wells Fargo Bank, N.A., and formerly known as Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB (Wells Fargo) and Golden West Savings Association Service Company (Golden West) received no opposition to its motion to expunge notice of pendency of action (us pendens). The motion to expunge ans ex parte applicatior
95451/000836/00245134-1 1

NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION TO EXPUNGE US PENDENS

1 2 3 4 5 6 7 8 9 10 11 12 13

to shorten time was served on September 22, 2011. The ex parte application was granted on Spetember 30, 2011 and the hearing on the motion to expunge is scheduled for October 13, 2011 at 3:00 p.m. in Department 22 of the above-entitled Court, located at 1221 Oak Street, Oakland 94612. Pursuant to the Courts Order Granting Wells Fargos Ex Parte Application to Shorten Time dated on September 30, 2011, plaintiffs opposition was due on or before October 7, 2011. As of October 11, 2011, Wells Fargo has not received an opposition. The effect of a partys failure to oppose a motion is to deem the moving papers meritorious, and grant the motion. Sexton v. Superior Court, 58 Cal. App. 4th 1403 (1997); Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial, 9:105.10 at 9(l)-68 (The Rutter Group, 2005). Under such circumstances, courts may refuse to hear oral argument from the party who failed to oppose the motion. Id. Accordingly, the Court should grant Defendants motion to expunge the lispendens. Respectfully submitted,

14 Dated: October 11, 2011 ANGLIN, FLEWELLTNG, RASMUSSEN, CB4L&TENL By________________________ c_.ie1 A. Armstrong darmstrong@afrct.com Attorneys for Defendants WELLS FARGO BANK, N.A., formerly known as WACHO VIA MORTGAGE, a Division of Wells Fargo Bank, N.A., and formerly known as WACHOVIA MORTGAGE, FSB, formerly known as WORLD SAVINGS BANK, FSB (Wells Fargo) and Golden West Savings Association Service Company (Golden West)

17 18 19 20 21 22 23 24 25 26 27 28
95451/000836/00245134-1

NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION TO EXPUNGE US PENDENS

1 2 3 4 5
6

PROOF OF SERVICE

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

)
)ss.

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459. On October 11, 2011, I served the foregoing document described as: NOTICE OF NONRECEIPT OF OPPOSITION TO DEFENDANTS MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (US PENDENS) on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed to: Plaintiff in Pro Se: Attorneys for Defendant LPS Default Solutions Pillsbury Winthrop Shaw Pittman LLP Margaret M. Niver Lindsay A Lutz 50 Fremont Street Post Office Box 7880 San Francisco, CA 94 120-7880

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Jose A. Fayard 5439 Portsmouth Avenue Newark, CA 94560 (510) 366-0645 jc.fayard(igmail.com

BY MAIL: I am readily familiar with the firms practice of collection and processing correspondence by mailing. Under that same practice it would be deposited with U.S. Postal Service on that same day with postage fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [Cal. Rule of Court 3.13 12(a) for proposed ordermail or deliveryl BY ELECTRONIC MAIL: I transmitted via email the document listed above to the email addresses ofjose.fayard@gmail.com on this date. I transmitted from my email address, cgoodwinafrct.com, without any error or non-delivery message in response.

STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 11 2011 at Pasadena, California. Carol Goodwin (Type or Print Name)

(Signature of Declarant)

95451/000836/00245 134-1

PROOF OF SERVICE

You might also like