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AAO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-21-2015 3:03 pm
Case Number: CGC-14-537153
Filing Date: Apr-21-2015 3:02
Filed by: MARIA OLOPERNES-PENA
Juke Box: 001 Image: 04879215
ORDER
JULIO BORRUSO et al VS. WELLS FARGO BANK, N.A. et al
001004879215
Instructions:
Please place this sheet on top of the document to be scanned.ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP
Submitted by:
Michael Rapkine (#22281 1)
Porapkine @ afict.com
ANGLIN, FLEWELLING, RASMUSSEN, San Fransisog tet
CAMPBELL & TRYTTEN LLP meis28 County
199 South Los Robles Avenue, Suite 600 ,
Pasadena, California 91101-2459 40R 21 26
Tel: (626) 535-1900 | Fax: (626) 577-7764 Cc _
LERK OF THE COURT
Attomeys for Defendant BY: : flags
WELLS FARGO BANK, N.A. “Deputy Glen
(“Wells Fargo”)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO ~ CIVIC CENTER COURTHOUSE
JULIO BORRUSO AND ANGELITA Case No.: CGC-14-537153
BORRUSO,
[Assigned Hon-Renald E-Qeidac mayy
Plaintiffs, a
|] ORDER GRANTING
v. WELLS FARGO’S MOTION FOR
JUDGMENT ON THE PLEADINGS WITH
WELLS FARGO BANK, N.A.;: NDEX WEST, | LEAVE TO AMEND
LLC; and DOES 1 through 50, inclusive,
Defendants.
Date: March 5, 2015
Time: 9:30 a.m.
Dept: S01
Defendant Wells Fargo’s motion for judgment on the pleadings was set for hearing on
March 5, 2015 in department 501 of the above-entitled Court. After review of Wells Fargo’s
moving papers, plaintiffs’ opposition, and the bank’s reply brief, the Court issued the following
tentative ruling on March 4, 2015:
93000/BR 1240/01095082-2 1
[PROPOSED] ORDER GRANTING WELLS FARGO’'S MJOP WITH LEAVE TO AMENDReal Property/Housing Court Law and Motion Calendar for
Thursday, March 5, 2015, line 2. DEFENDANT WELLS FARGO
BANK, N.A.’s Motion For Judgment On The Pleadings And
Appendix GRANTED. Plaintiff's action is pre-empted by
HOLA. = (501/RBU)
Plaintiffs contested the tentative and gave proper notice to both defense counsel and the
Court. On March 5, 2015, Christopher J. Gonzalez appeared for plaintiffs and Michael Rapkine
appeared for Wells Fargo. After hearing oral argument by the parties and good cause appearing,
ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP
q
the Honorable Richard Ulmer adopted the tentative ruling, ysq‘g1
the complaint. ACCORDINGLY,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1,
Defendant Wells Fargo’s motion for judgment on the pleadings as to the sole
cause of action in the complaint is GRANTED with leave to amend;
Plaintiffs shall file a First Amended Complaint within ten (10) days from the
date that this order is entered.
ranted plaintiffs leave to amend
Dated: __ Y/Z | , 2015 bochd b Lf.
(SUDGE OF THE SUPERIOR COURT
RiqnAgo 8. ULme gp.
SEE EXHIBIT ‘A’ RE
COMPLIANCE WITH CRC 3.1312
93000/BR1240/01095082-2
2
{PROPOSED] ORDER GRANTING WELLS FARGO'S MJOP WITH LEAVE TO AMENDm AFRCT
ATTORNEYS
ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP
199 South Los Robles Avenue, Suite 600 Michael Rapkine
Pasadena, California 91101-2459 E-mail: mrapkine@afret.com
tel: 626.535.1900
fax: 626.577.7764
www.afrct.com
April 15, 2015
VIA OVERNIGHT MAIL | T HE A’ f
| KH E
;
CLERK TO THE HONORABLE RONALD QuipacHay x | B i
SAN FRANCISCO COUNTY SUPERIOR COURT
Civic CENTER COURTHOUSE
400 MCALLISTER STREET, DEPT. 501
SAN FRANCISCO, CA 94102-4515
Re: — Judio Borruso and Angelita Borruso v. Wells Fargo Bank, NA, et al.
San Francisco County Superior Court, Case No. CGC-14-537153
Dear Clerk of the Court:
On March 5, 2015, the Court heard defendant Wells Fargo’s motion for judgment on the
pleadings in the above-captioned action, and granted the bank’s motion with leave to amend. As the
moving party, Wells Fargo prepared a proposed order reflecting the Court’s ruling, and furnished
each party with this proposed order, pursuant to Rule of Court 3.1312. Counsel for each party has
expressly approved the lodging of the proposed order in its present form; accordingly, Wells Fargo
has filed the proposed order and now provides Department 501 with the following courtesy copies.
1. [Proposed] Order Granting Wells Fargo’s Motion For Judgment On The
Pleadings With Leave To Amend; and
2. Proof Of Service For {Proposed] Order Granting Wells Fargo’s Motion For
Judgment On The Pleadings With Leave To Amend.
Once the proposed order is entered, it would be greatly appreciated if the Court would return
a conformed copy that has signed by the Judge in the self-addressed, stamped envelope I have
provided. An additional copy of the Order is also enclosed.
Thank you in advance for your attention to this matter, and please do not hesitate to contact
me if you have any questions or concerns.
Very truly yours,
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
Michael Rapkine
MR:be
Enclosures
93000/BR1240/01127941-1
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AAO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-21-2015 3:03 pm Case Number: CGC-14-537153 Filing Date: Apr-21-2015 3:02 Filed by: MARIA OLOPERNES-PENA Juke Box: 001 Image: 04879215 ORDER JULIO BORRUSO et al VS. WELLS FARGO BANK, N.A. et al 001004879215 Instructions: Please place this sheet on top of the document to be scanned.ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP Submitted by: Michael Rapkine (#22281 1) Porapkine @ afict.com ANGLIN, FLEWELLING, RASMUSSEN, San Fransisog tet CAMPBELL & TRYTTEN LLP meis28 County 199 South Los Robles Avenue, Suite 600 , Pasadena, California 91101-2459 40R 21 26 Tel: (626) 535-1900 | Fax: (626) 577-7764 Cc _ LERK OF THE COURT Attomeys for Defendant BY: : flags WELLS FARGO BANK, N.A. “Deputy Glen (“Wells Fargo”) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ~ CIVIC CENTER COURTHOUSE JULIO BORRUSO AND ANGELITA Case No.: CGC-14-537153 BORRUSO, [Assigned Hon-Renald E-Qeidac mayy Plaintiffs, a |] ORDER GRANTING v. WELLS FARGO’S MOTION FOR JUDGMENT ON THE PLEADINGS WITH WELLS FARGO BANK, N.A.;: NDEX WEST, | LEAVE TO AMEND LLC; and DOES 1 through 50, inclusive, Defendants. Date: March 5, 2015 Time: 9:30 a.m. Dept: S01 Defendant Wells Fargo’s motion for judgment on the pleadings was set for hearing on March 5, 2015 in department 501 of the above-entitled Court. After review of Wells Fargo’s moving papers, plaintiffs’ opposition, and the bank’s reply brief, the Court issued the following tentative ruling on March 4, 2015: 93000/BR 1240/01095082-2 1 [PROPOSED] ORDER GRANTING WELLS FARGO’'S MJOP WITH LEAVE TO AMENDReal Property/Housing Court Law and Motion Calendar for Thursday, March 5, 2015, line 2. DEFENDANT WELLS FARGO BANK, N.A.’s Motion For Judgment On The Pleadings And Appendix GRANTED. Plaintiff's action is pre-empted by HOLA. = (501/RBU) Plaintiffs contested the tentative and gave proper notice to both defense counsel and the Court. On March 5, 2015, Christopher J. Gonzalez appeared for plaintiffs and Michael Rapkine appeared for Wells Fargo. After hearing oral argument by the parties and good cause appearing, ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP q the Honorable Richard Ulmer adopted the tentative ruling, ysq‘g1 the complaint. ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1, Defendant Wells Fargo’s motion for judgment on the pleadings as to the sole cause of action in the complaint is GRANTED with leave to amend; Plaintiffs shall file a First Amended Complaint within ten (10) days from the date that this order is entered. ranted plaintiffs leave to amend Dated: __ Y/Z | , 2015 bochd b Lf. (SUDGE OF THE SUPERIOR COURT RiqnAgo 8. ULme gp. SEE EXHIBIT ‘A’ RE COMPLIANCE WITH CRC 3.1312 93000/BR1240/01095082-2 2 {PROPOSED] ORDER GRANTING WELLS FARGO'S MJOP WITH LEAVE TO AMENDm AFRCT ATTORNEYS ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP 199 South Los Robles Avenue, Suite 600 Michael Rapkine Pasadena, California 91101-2459 E-mail: mrapkine@afret.com tel: 626.535.1900 fax: 626.577.7764 www.afrct.com April 15, 2015 VIA OVERNIGHT MAIL | T HE A’ f | KH E ; CLERK TO THE HONORABLE RONALD QuipacHay x | B i SAN FRANCISCO COUNTY SUPERIOR COURT Civic CENTER COURTHOUSE 400 MCALLISTER STREET, DEPT. 501 SAN FRANCISCO, CA 94102-4515 Re: — Judio Borruso and Angelita Borruso v. Wells Fargo Bank, NA, et al. San Francisco County Superior Court, Case No. CGC-14-537153 Dear Clerk of the Court: On March 5, 2015, the Court heard defendant Wells Fargo’s motion for judgment on the pleadings in the above-captioned action, and granted the bank’s motion with leave to amend. As the moving party, Wells Fargo prepared a proposed order reflecting the Court’s ruling, and furnished each party with this proposed order, pursuant to Rule of Court 3.1312. Counsel for each party has expressly approved the lodging of the proposed order in its present form; accordingly, Wells Fargo has filed the proposed order and now provides Department 501 with the following courtesy copies. 1. [Proposed] Order Granting Wells Fargo’s Motion For Judgment On The Pleadings With Leave To Amend; and 2. Proof Of Service For {Proposed] Order Granting Wells Fargo’s Motion For Judgment On The Pleadings With Leave To Amend. Once the proposed order is entered, it would be greatly appreciated if the Court would return a conformed copy that has signed by the Judge in the self-addressed, stamped envelope I have provided. An additional copy of the Order is also enclosed. Thank you in advance for your attention to this matter, and please do not hesitate to contact me if you have any questions or concerns. Very truly yours, ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP Michael Rapkine MR:be Enclosures 93000/BR1240/01127941-1