Document for CEFERINO CAGANG, et al vs. SHARON DIZON, et al

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                                1   WRIGHT, FINLAY & ZAK, LLP
     Cathy K. Robinson, Esq., SBN 226275
 2   4665 MacArthur Court, Suite 200
 3   Newport Beach, CA 92660
     Tel: (949) 477-5050; Fax: (949) 608-9142
 4   crobinson@wrightlegal.net;
 5
     Attorneys for Defendants,
 6   SELECT PORTFOLIO SERVICING, INC; and U.S. BANK, NATIONAL ASSOCIATION AS
     TRUSTEE FOR WAMU MORTGAGE PASS THROUGH CERTIFICATE FOR WMALT SERIES
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     2007-OA3
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 9                                   SUPERIOR COURT OF CALIFORNIA

10                                         COUNTY OF SAN MATEO

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     CEFERINO CAGANG; ERLINDA CAGANG                           Case No.: 23CIV00801
12                                                             Assigned to Hon. Susan L. Greenberg; Dept. 3
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                                                               [PROPOSED] JUDGMENT OF DISMISSAL
14                   Plaintiffs,                               WITH PREJUDICE

15           vs.
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     SHARON DIZON; SELECT PORTFOLIO
17   SERVICING INC.; U.S. BANK NA, AS
     TRUSTEE FOR WAMU PASS THROUGH
18   CERT.SERIES 2007-OA3; CLEAR
19   RECONVEYANCE CORPORATON; DOES 1-                       Complaint filed: February 21, 2023
     10, inclusive,                                         FAC filed:      October 3, 2023
20                                                          SAC Filed:      January 18, 2024
21                   Defendants.
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24          On April 4, 2024, this Court sustained the Demurrer of Defendants SELECT PORTFOLIO

25   SERVICING, INC (“SPS”) and U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WAMU

26   MORTGAGE PASS THROUGH CERTIFICATE FOR WMALT SERIES 2007-OA3 (the “Trust”)

27   (collectively “Defendants”) to Plaintiffs CEFERINO CAGANG and ERLINDA CAGANG’s

28   (“Plaintiffs”) Second Amended Complaint without leave to amend.

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                         [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE
 1          Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a Judgment of
 2   Dismissal with Prejudice is entered in favor of Defendants SELECT PORTFOLIO SERVICING, INC
 3   and U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WAMU MORTGAGE PASS
 4   THROUGH CERTIFICATE FOR WMALT SERIES 2007-OA3 and against Plaintiffs CEFERINO
 5   CAGANG and ERLINDA CAGANG.
 6   IT IS SO ORDERED ADJUDGED AND DECREED.
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     Dated: ______________                          By:
 9                                                          Superior Court Judge

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                         [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE
                                                PROOF OF SERVICE
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 2           I, Iryna Brown, declare as follows:

 3           I am employed in the County of Orange, State of California. I am over the age of eighteen (18)
     and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport
 4   Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for
     collection and processing of correspondence for mailing with the United States Postal Service. Such
 5   correspondence is deposited with the United States Postal Service the same day in the ordinary course of
 6   business. I am aware that on motion of 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.
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      On April 5, 2023, I served the within [PROPOSED] JUDGMENT OF DISMISSAL WITH
 8    PREJUDICE

 9   on all interested parties in this action as follows:
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     [X ] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as
11   follows:

12   Ceferino Cagang
13   Erlinda Cagang
     54 Oceanside Drive
14   Daly City, CA 94015
     Tel; 650-892-9447
15   Email: reginacagang@gmail.com
16   [Plaintiffs Pro Per]

17   [X ]     (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date
             following ordinary business practices.
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     []      (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct
19           copies thereof enclosed in a package designated by Federal Express Overnight with the delivery
20           fees provided for.

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     [ ]    (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through
22          One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached
            service list.
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24   [X]     (State) I declare under penalty of perjury under the law of the State of California that the
             foregoing is true and correct. Executed on April 5, 2024, at Newport Beach, California.
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                         [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE