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BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994
om nN DAN BF WN
10
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Mahdavi, California Bar No. 245705
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com
goli.mahdavi@bryancave.com
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
02/18/2016
Clerk of the Court
BY:ROMY RISK
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
MARTIN ENG,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFO1DOCS\272230.1
Case No. CGC-15-546377
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANT
JPMORGAN CHASE BANK, N.A.’S
DEMURRER TO PLAINTIFF'S FIRST
AMENDED COMPLAINT;
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF
[Filed concurrently with Notice of Demurrer
and Demurrer; and [Proposed] Order]
Date: March 21, 2016
Time: 9:30 a.m.
Dept.: 501
Complaint Filed: June 16, 2015
Trial Date: Not Yet Assigned
REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF’S FACom IN DH BF WN
Se oe Be Be
RB WN HF SD
BRYAN Cave LLP
560 Mission STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2984
NN NY NY NY NY NY NY N HY = ee Se
CSrXNI Dn FF HHH SECM IAD
TO PLAINTIFF AND HIS ATTORNEY OF RECORD:
PLEASE TAKE NOTICE that on March 21, 2016, at 9:30 a.m., or soon thereafter as the
matter may be heard n Department 501 of the above-entitled court, located at 400 McAllister
Street, San Francisco, CA 94102, Defendant JPMORGAN CHASE BANK, N.A. (“Defendant”)
will, and hereby does, respectfully request that the Court take judicial notice of the documents
attached to this Request for Judicial Notice (“RJN”) as Exhibits A through I.
Exhibit A: Deed of Trust, dated June 28, 2005 and recorded in the official records of
San Francisco County on July 22, 2005 as document number 2005-H996159-00.
Exhibit B: Purchase and Assumption Agreement between Federal Deposit Insurance
Corporation (“FDIC”), as receiver for Washington Mutual Bank, and JP Morgan Chase Bank,
N.A., dated September 25, 2008, which may be publicly found at the FDIC’s website at
https://www. fdic.gov/about/freedom/washington_mutual_p_and_a.pdf
Exhibit C: Substitution of Trustee, recorded in the official records of San Francisco
County on March 30, 2009 as document number 2009-1740675-00.
ExhibitD: — Notice of Default and Election to Sell Under Deed of Trust, recorded in the
official records of San Francisco County on February 13, 2009 as document number 2009-
1719784-00.
Exhibit E: Notice of Trustee’s Sale, recorded in the official records of San Francisco
County on May 18, 2009 as document number 2009-1763578-00,
Exhibit F: Notice of Trustee’s Sale, recorded in the official records of San Francisco
County on September 2, 2009 as document number 2009-1828048-00.
ExhibitG: Notice of Trustee’s Sale, recorded in the official records of San Francisco
County on February 1, 2010 as document number 2010-1919850-00.
Exhibit H: Notice of Trustee’s Sale, recorded in the official records of San Francisco
County on September 15, 2010 as document number 2010-J048823-00.
Exhibit I: Trustee’s Deed Upon Sale, recorded in the official records of San Francisco
County on June 6, 2011 as document number 201 1-J194157-00.
SFOIDOCS\272230,1 1
REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT'S DEMURRER TO PLAINTIFF'S FACoD ONIN DW BW NYE
— oo
BRYAN Cave LLP
560 MISSION STREET. 25TH FLOOR
SAN FRANCISCO, CA 94105-2994
This Request for Judicial Notice is made in support of Defendant’s Demurrer to Plaintiff's
First Amended Complaint and is based on the attached Memorandum of Points and Authorities, all
pleadings and papers on file in this action, and such other and further matters as the Court may
consider,
Dated: February 18, 2016 BRYAN CA P
Daniel Rog
Goli Mal
By:
Goli Mahdavi
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
SF0IDOCS272230.1 2
REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT'S DEMURRER TO PLAINTIFF’S FACBRYAN Cave LLP.
$60 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA 94105-2994
SOD mw NIN DH BR WN
MEMORANDUM OF POINTS AND AUTHORITIES
Pursuant to California Code of Civil Procedure sections 430,30(a) and 430.70, Defendant
JPMORGAN CHASE BANK, N.A. (“Defendant”) request that this Court take judicial notice of
Exhibits A through I in considering its Demurrer to Plaintiffs First Amended Complaint.
Section 452(c) of the California Evidence Code provides that the Court may take judicial
notice of “[o]fficial acts of the legislative, executive, and judicial departments of . . . any state of
the United States” Section 452(h) of the California Evidence Code provides that the Court may
take judicial notice of “[flacts and propositions that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of reasonably indisputable
accuracy.”
This Court may take judicial notice of Exhibits A, C through I because they are documents
recorded in the official records of San Francisco County. Pursuant to California Evidence Code
Section 452(c), these documents constitute an official state act. In addition, courts have
consistently taken judicial notice of recorded instruments under California Evidence Code section
452(h) in similar circumstances. See Fontenot v. Wells Fargo Bank, 198 Cal. App. 4th 256, 264
(2011); Satchmed Plaza Owners Ass'n vy. UWMC Hospital Corp., 167 Cal. App. 4th 1034, 1040-
1041 (2008) (granting request for judicial notice of recorded deeds); McElroy v. Chase Manhattan
Mortgage Corp., 134 Cal. App. 4th 388, 394 (2005) (taking judicial notice of notice of default and
notice of trustee’s sale recorded in county official records).
The Court may also take judicial notice of Exhibit B as it is a document published by the
federal government, a matter of public record, and its accuracy “cannot reasonably be questioned.”
Bracamontes v. Chase Home Finance, LLC, 2011 WL 332527 (N.D. Cal. Jan. 31, 2011) (taking
judicial notice of the subject agreement); see also Allen v. United Fin. Mortg. Corp., 660
F,Supp.2d 1089, 1093-94 (N.D. Cal. 2009) (granting defendant's request for judicial notice of the
“Purchase & Assumption Agreement” between Chase and the FDIC because the entire document
was available online, from the FDIC's web site).
VW
SFOIDOCS\272230.1 1
REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF’S FACBRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR
SAN FRANCISCO, CA’ 94105-2994
For these reasons, Defendant respectfully request that the Court take judicial notice of the
attached Exhibits A through I.
Dated: February 18, 2016
Goli Mahdavi
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
SFOIDOCS272230.1 2
REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF'S FAC
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BRYAN CAVE LLP 560 MISSION STREET, 25TH FLOOR SAN FRANCISCO, CA 94105-2994 om nN DAN BF WN 10 BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Mahdavi, California Bar No. 245705 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-Mail: daniel.rockey@bryancave.com goli.mahdavi@bryancave.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 02/18/2016 Clerk of the Court BY:ROMY RISK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO MARTIN ENG, Plaintiff, v. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFO1DOCS\272230.1 Case No. CGC-15-546377 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT JPMORGAN CHASE BANK, N.A.’S DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Filed concurrently with Notice of Demurrer and Demurrer; and [Proposed] Order] Date: March 21, 2016 Time: 9:30 a.m. Dept.: 501 Complaint Filed: June 16, 2015 Trial Date: Not Yet Assigned REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF’S FACom IN DH BF WN Se oe Be Be RB WN HF SD BRYAN Cave LLP 560 Mission STREET, 25TH FLOOR SAN FRANCISCO, CA 94105-2984 NN NY NY NY NY NY NY N HY = ee Se CSrXNI Dn FF HHH SECM IAD TO PLAINTIFF AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE that on March 21, 2016, at 9:30 a.m., or soon thereafter as the matter may be heard n Department 501 of the above-entitled court, located at 400 McAllister Street, San Francisco, CA 94102, Defendant JPMORGAN CHASE BANK, N.A. (“Defendant”) will, and hereby does, respectfully request that the Court take judicial notice of the documents attached to this Request for Judicial Notice (“RJN”) as Exhibits A through I. Exhibit A: Deed of Trust, dated June 28, 2005 and recorded in the official records of San Francisco County on July 22, 2005 as document number 2005-H996159-00. Exhibit B: Purchase and Assumption Agreement between Federal Deposit Insurance Corporation (“FDIC”), as receiver for Washington Mutual Bank, and JP Morgan Chase Bank, N.A., dated September 25, 2008, which may be publicly found at the FDIC’s website at https://www. fdic.gov/about/freedom/washington_mutual_p_and_a.pdf Exhibit C: Substitution of Trustee, recorded in the official records of San Francisco County on March 30, 2009 as document number 2009-1740675-00. ExhibitD: — Notice of Default and Election to Sell Under Deed of Trust, recorded in the official records of San Francisco County on February 13, 2009 as document number 2009- 1719784-00. Exhibit E: Notice of Trustee’s Sale, recorded in the official records of San Francisco County on May 18, 2009 as document number 2009-1763578-00, Exhibit F: Notice of Trustee’s Sale, recorded in the official records of San Francisco County on September 2, 2009 as document number 2009-1828048-00. ExhibitG: Notice of Trustee’s Sale, recorded in the official records of San Francisco County on February 1, 2010 as document number 2010-1919850-00. Exhibit H: Notice of Trustee’s Sale, recorded in the official records of San Francisco County on September 15, 2010 as document number 2010-J048823-00. Exhibit I: Trustee’s Deed Upon Sale, recorded in the official records of San Francisco County on June 6, 2011 as document number 201 1-J194157-00. SFOIDOCS\272230,1 1 REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT'S DEMURRER TO PLAINTIFF'S FACoD ONIN DW BW NYE — oo BRYAN Cave LLP 560 MISSION STREET. 25TH FLOOR SAN FRANCISCO, CA 94105-2994 This Request for Judicial Notice is made in support of Defendant’s Demurrer to Plaintiff's First Amended Complaint and is based on the attached Memorandum of Points and Authorities, all pleadings and papers on file in this action, and such other and further matters as the Court may consider, Dated: February 18, 2016 BRYAN CA P Daniel Rog Goli Mal By: Goli Mahdavi Attorneys for Defendant JPMORGAN CHASE BANK, N.A. SF0IDOCS272230.1 2 REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT'S DEMURRER TO PLAINTIFF’S FACBRYAN Cave LLP. $60 MISSION STREET, 25TH FLOOR SAN FRANCISCO, CA 94105-2994 SOD mw NIN DH BR WN MEMORANDUM OF POINTS AND AUTHORITIES Pursuant to California Code of Civil Procedure sections 430,30(a) and 430.70, Defendant JPMORGAN CHASE BANK, N.A. (“Defendant”) request that this Court take judicial notice of Exhibits A through I in considering its Demurrer to Plaintiffs First Amended Complaint. Section 452(c) of the California Evidence Code provides that the Court may take judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of . . . any state of the United States” Section 452(h) of the California Evidence Code provides that the Court may take judicial notice of “[flacts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” This Court may take judicial notice of Exhibits A, C through I because they are documents recorded in the official records of San Francisco County. Pursuant to California Evidence Code Section 452(c), these documents constitute an official state act. In addition, courts have consistently taken judicial notice of recorded instruments under California Evidence Code section 452(h) in similar circumstances. See Fontenot v. Wells Fargo Bank, 198 Cal. App. 4th 256, 264 (2011); Satchmed Plaza Owners Ass'n vy. UWMC Hospital Corp., 167 Cal. App. 4th 1034, 1040- 1041 (2008) (granting request for judicial notice of recorded deeds); McElroy v. Chase Manhattan Mortgage Corp., 134 Cal. App. 4th 388, 394 (2005) (taking judicial notice of notice of default and notice of trustee’s sale recorded in county official records). The Court may also take judicial notice of Exhibit B as it is a document published by the federal government, a matter of public record, and its accuracy “cannot reasonably be questioned.” Bracamontes v. Chase Home Finance, LLC, 2011 WL 332527 (N.D. Cal. Jan. 31, 2011) (taking judicial notice of the subject agreement); see also Allen v. United Fin. Mortg. Corp., 660 F,Supp.2d 1089, 1093-94 (N.D. Cal. 2009) (granting defendant's request for judicial notice of the “Purchase & Assumption Agreement” between Chase and the FDIC because the entire document was available online, from the FDIC's web site). VW SFOIDOCS\272230.1 1 REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF’S FACBRYAN CAVE LLP 560 MISSION STREET, 25TH FLOOR SAN FRANCISCO, CA’ 94105-2994 For these reasons, Defendant respectfully request that the Court take judicial notice of the attached Exhibits A through I. Dated: February 18, 2016 Goli Mahdavi Attorneys for Defendant JPMORGAN CHASE BANK, N.A. SFOIDOCS272230.1 2 REQUEST FOR JUDICIAL NOTICE ISO DEFENDANT’S DEMURRER TO PLAINTIFF'S FAC