You're viewing Docket Item 12 from the case Laine v. Wells Fargo Bank N.A. View the full docket and case details.

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Case3:13-cv-04109-SI Document12 Filed09/17/13 Page1 of 3

Robert A. Bailey (# 214688)
[email protected]
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
199 S. Los Robles Ave., Suite 600
Pasadena, California 91101-2459
Tel: (626) 535-1900
Fax: (626) 577-7764

Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
Southwest, N.A., f/k/a Wachovia Mortgage,
FSB


UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DEBRA L. LAINE,




WELLS FARGO BANK, N.A.; DOES 1-20,







Defendants.



CASE NO.: C 13 04109-SI



WELLS FARGO’S RESPONSE TO
ORDER TO SHOW CAUSE WHY
TEMPORARY RESTRAINING ORDER
SHOULD NOT ISSUE







Defendant Wells Fargo Bank N.A., successor by merger with Wells Fargo bank

Southwest, N.A., formerly known as Wachovia mortgage FSB (“Wells Fargo”) hereby responds

to the Court’s Order to Show Cause Why Temporary Restraining Order Should Not Issue dated

September 9, 2013 (the “Order”) (Dkt #9).

Plaintiff failed to serve the Order as required and instead sent it by overnight mail to

Wells Fargo’s agent for service of process. This delayed processing of the Order and assignment

to outside counsel. Plaintiff has also failed to serve the complaint in this action. Wells Fargo

was therefore unable to respond by the September 16, 2013 deadline set forth in the order.

Because Wells Fargo’s counsel needs additional time to obtain and review the documents

associated with this matter (including the un-served complaint), Wells Fargo agrees to postpone


93000/FR1097/00729822-1


WELLS FARGO’S RESPONSE TO OSC RE:
TEMPORARY RESTRAINING ORDER

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Case3:13-cv-04109-SI Document12 Filed09/17/13 Page2 of 3

the foreclosure sale currently scheduled for September 24, 2013 for a period of 30-days until

October 24, 2013.

Wells Fargo requests that the Court treat Plaintiff’s application as a motion for

preliminary injunction and set a hearing and briefing schedule so that it can be decided before

October 24, 2013. This will also give the parties time to participate in the ADR telephone

conference well before the foreclosure sale.





Dated: September 17, 2013


Respectfully submitted,

ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP


By:

/s/ Robert A. Bailey



Robert A. Bailey

Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest, N.A.,
f/k/a Wachovia Mortgage, FSB



93000/FR1097/00729822-1


2

WELLS FARGO’S RESPONSE TO OSC RE:
TEMPORARY RESTRAINING ORDER



Case3:13-cv-04109-SI Document12 Filed09/17/13 Page3 of 3

CERTIFICATE OF SERVICE

I, the undersigned, declare that I am over the age of 18 and am not a party to

this action. I am employed in the City of Pasadena, California; my business
address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los
Robles Avenue, Suite 600, Pasadena, California 91101-2459.


On the date below, I served a copy of the foregoing document entitled:


WELLS FARGO’S RESPONSE TO ORDER TO SHOW CAUSE WHY TEMPORARY

RESTRAINING ORDER SHOULD NOT ISSUE

on the interested parties in said case as follows:


Served By Means Other than Electronically Via the Court’s CM/ECF System

Debra L. Laine
5450 Betty Circle

Livermore, CA 94550

Tel: 925-518-8430 | Fax: 925-245-0968

Email: [email protected]











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?











BY MAIL: I am readily familiar with the firm’s 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.


I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. I declare that I am employed in the office of a member of the Bar
of this Court, at whose direction the service was made. This declaration is executed in Pasadena,
California on September 17, 2013.




MAUREEN COURTNEY
(Type or Print Name)

/s/ Maureen Courtney

(Signature of Declarant)



93000/FR1097/00729822-1


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CASE NO.: