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BRYAN CAVE LL
THREE EMBARCADERO CENT
8
8
SAN FRANCISCO, CA 94111-4070
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Mahdavi, California Bar No. 245705
Three Embarcadero Center, 7th 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
02/03/2017
Clerk of the Court
BY-SANDRA SCHIRO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
MARTIN ENG,
Plaintiff,
Vv.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFO1DOCS\297052.1
Case No. CGC-15-546377
NOTICE OF ENTRY OF ORDER
Date: — February 3, 2017
Time: 9:00 a.m.
Dept.: 302 - DISCOVERY
June 16, 2015
August 21, 2017
Complaint Filed:
Trial Date:
NOTICE OF ENTRY OF ORDER1 TO PLAINTIFFS AND THE CLERK OF THE COURT:
2 PLEASE TAKE NOTICE that on February 3, 2017, the Court in the above-
3 |] captioned action entered an Order to Deem Requests for Admissions Admitted,
4 || Compelling Discovery Responses and the Production of Documents and Imposing
5 |] Sanctions. The Order is attached hereto as Exhibit A and incorporated by this reference.
6
7 || Dated: February 3, 2017 Respectfully submitted,
8 BRYAN CAVE LLP
Daniel Rockey
9 Goli Mahdavi
10
6
gol LENA.
$ By:
12 Goli Mahdavi
7 Attomeys*for Defendant
13 JPMORGAN CHASE BANK, N.A.
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SFOLDOCS\297052.1 1
NOTICE OF ENTRY OF ORDEREXHIBIT ABRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7" FLOOR
SAN FRANCISCO, CA 94111-4070
Com YN DH BF Ww NY
a eet tele a
BYR RRBRBREESSPRFUAARE EHTS
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Malidavi, California Bar No. 245705
Three Embarcadero-Center, 7th Floor
San Francisco, CA 94105-2994
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
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.
MARTIN ENG,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFO1DOCS\294742.1
Case No. CGC-15-546377
[PROPOSED] ORDER TO DEEM
REQUESTS FOR ADMISSIONS
ADMITTED, COMPELLING
DISCOVERY RESPONSES AND THE
PRODUCTION OF DOCUMENTS AND
IMPOSING SANCTIONS
Date:
Time:
Dept.: *
February 3, 2017
9:00 a.m.
302 - DISCOVERY
Complaint Filed:
Trial Date:
June 16, 2015
August 21, 2017
[PROPOSED] ORDERBRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7™ FLOOR
SAN FRANCISCO, CA 94111-4070
Coe YN DH BBW YY
RN Bee Be ewe ew ewe ew ew ee
BNRRRPBSRRRFSSSWAFBTREBERTS
The Motion of Defendant, JPMorgan Chase Bank, N.A. (“Defendant”), to have matters
deemed admitted in Chase’s First Set of Requests for Admission, to compel Plaintiff Martin Eng
(“Eng”) to respond to Defendant’s Form Interrogatories, Set One, Special Interrogatories, Set One,
and Request for Production, Set One, and to impose sanctions came on regularly for hearing, and
the Court being fully advised and good cause appearing therefor,
THE COURT HEREBY ORDERS THAT:
1. Defendant’s motion to have Requests for Admission, Set One to Plaintiff Martin
Eng deemed admitted is GRANTED. Defendant’s Requests for Admission numbers 1-32 are
hereby deemed admitted.
2. Defendant’s motion to compel Plaintiff to respond to Defendant’s Form
Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to
the subject Form Interrogatories, without objections, within 20 days of the date of this ruling.
3. ° Defendant’s motion to compel Plaintiff to respond to Defendant’s Special
Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to
the subject Special Interrogatories, without objections, within 20 days of the date of this ruling.
4, Defendant’s motion to compel Plaintiff to respond to Defendant’s Request for
Production, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the
subject Request for Production, without objections, and to produce all responsive documents,
within 20 days of the date of this ruling.
5. Defendant’s request for monetary sanctions against Plaintiff is GRANTED in the
amount of $2,150. Plaintiff shall pay Defendant said amount within 20 days of the date of this
tuling. ,
IT IS SO ORDERED
Dated: DZ feb LOK
Judge Pro Tem
Frai\cisco County
Judge of the Supézior Court of
SFOIDOCS\294742.1
1
[PROPOSED] ORDERBRYAN CAVE LLP,
THREE EMBARCADERO CENTER, 77"
FLOOR
SAN FRANCISCO, CA 94111-4077;
PROOF OF SERVICE
I am employed by Bryan Cave LLP, with an office located in the County of San
Francisco, State of California. I am over the age of 18 and not a party to the within action.
My business address is Three Embarcadero Center qT Floor, San Francisco, California
94111.
On February 3, 2017, I caused to be served on the interested parties on said action
the within:
NOTICE OF ENTRY OF ORDER
by placing a true copy thereof in a sealed envelope(s) addressed to each as follows:
Peter L. Kutrubes Attorney for Plaintiff
Stephen P. Lin
Law Offices of Peter L. Kutrubes
590 Lennon Lane, Suite 180
Walnut Creek, CA 94598
Tel: 925.939.9600
Fax: 925.256.7660
| pkutrubes@kutrubeslaw.com
Leticia Butler, Esq. Attorneys for Quality Loan Service Corp.
McCarthy & Holthus, LLP
1770 4" Avenue
San Diego, CA 92101
Tel: (619) 685-4800
Fax: (619) 685-4811
Email: Ibutler@mccarthyholtus.com
Stanley W. Smith Attorneys for Sotheby's International
Niven & Smith Realty, Inc. & Mary Lou Castellanos
555 Montgomery Street, Suite 1750
San Francisco, CA 94111-2517
Tel: (415) 981-5451
Fax: (415) 433-5439
Email: sws@nivensmith.com
BY U.S. MAIL: I am “readily familiar” with the firm’s practice of
collection and processing correspondence for mailing. Under that practice it would be
deposited with U.S. postal service on that same day with postage thereon fully prepaid at
San Francisco, California, in the ordinary course of business. | 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.
<<] (STATE) I declare under penalty of perjury the laws of the State of
California that the above is true and correct.
SFOLDOCS\297052.1
PROOF OF SERVICE
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BRYAN CAVE LL THREE EMBARCADERO CENT 8 8 SAN FRANCISCO, CA 94111-4070 BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Mahdavi, California Bar No. 245705 Three Embarcadero Center, 7th 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 02/03/2017 Clerk of the Court BY-SANDRA SCHIRO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO MARTIN ENG, Plaintiff, Vv. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFO1DOCS\297052.1 Case No. CGC-15-546377 NOTICE OF ENTRY OF ORDER Date: — February 3, 2017 Time: 9:00 a.m. Dept.: 302 - DISCOVERY June 16, 2015 August 21, 2017 Complaint Filed: Trial Date: NOTICE OF ENTRY OF ORDER1 TO PLAINTIFFS AND THE CLERK OF THE COURT: 2 PLEASE TAKE NOTICE that on February 3, 2017, the Court in the above- 3 |] captioned action entered an Order to Deem Requests for Admissions Admitted, 4 || Compelling Discovery Responses and the Production of Documents and Imposing 5 |] Sanctions. The Order is attached hereto as Exhibit A and incorporated by this reference. 6 7 || Dated: February 3, 2017 Respectfully submitted, 8 BRYAN CAVE LLP Daniel Rockey 9 Goli Mahdavi 10 6 gol LENA. $ By: 12 Goli Mahdavi 7 Attomeys*for Defendant 13 JPMORGAN CHASE BANK, N.A. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFOLDOCS\297052.1 1 NOTICE OF ENTRY OF ORDEREXHIBIT ABRYAN CAVE LLP THREE EMBARCADERO CENTER, 7" FLOOR SAN FRANCISCO, CA 94111-4070 Com YN DH BF Ww NY a eet tele a BYR RRBRBREESSPRFUAARE EHTS BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Malidavi, California Bar No. 245705 Three Embarcadero-Center, 7th Floor San Francisco, CA 94105-2994 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 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. MARTIN ENG, Plaintiff, v. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFO1DOCS\294742.1 Case No. CGC-15-546377 [PROPOSED] ORDER TO DEEM REQUESTS FOR ADMISSIONS ADMITTED, COMPELLING DISCOVERY RESPONSES AND THE PRODUCTION OF DOCUMENTS AND IMPOSING SANCTIONS Date: Time: Dept.: * February 3, 2017 9:00 a.m. 302 - DISCOVERY Complaint Filed: Trial Date: June 16, 2015 August 21, 2017 [PROPOSED] ORDERBRYAN CAVE LLP THREE EMBARCADERO CENTER, 7™ FLOOR SAN FRANCISCO, CA 94111-4070 Coe YN DH BBW YY RN Bee Be ewe ew ewe ew ew ee BNRRRPBSRRRFSSSWAFBTREBERTS The Motion of Defendant, JPMorgan Chase Bank, N.A. (“Defendant”), to have matters deemed admitted in Chase’s First Set of Requests for Admission, to compel Plaintiff Martin Eng (“Eng”) to respond to Defendant’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, and to impose sanctions came on regularly for hearing, and the Court being fully advised and good cause appearing therefor, THE COURT HEREBY ORDERS THAT: 1. Defendant’s motion to have Requests for Admission, Set One to Plaintiff Martin Eng deemed admitted is GRANTED. Defendant’s Requests for Admission numbers 1-32 are hereby deemed admitted. 2. Defendant’s motion to compel Plaintiff to respond to Defendant’s Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Form Interrogatories, without objections, within 20 days of the date of this ruling. 3. ° Defendant’s motion to compel Plaintiff to respond to Defendant’s Special Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Special Interrogatories, without objections, within 20 days of the date of this ruling. 4, Defendant’s motion to compel Plaintiff to respond to Defendant’s Request for Production, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Request for Production, without objections, and to produce all responsive documents, within 20 days of the date of this ruling. 5. Defendant’s request for monetary sanctions against Plaintiff is GRANTED in the amount of $2,150. Plaintiff shall pay Defendant said amount within 20 days of the date of this tuling. , IT IS SO ORDERED Dated: DZ feb LOK Judge Pro Tem Frai\cisco County Judge of the Supézior Court of SFOIDOCS\294742.1 1 [PROPOSED] ORDERBRYAN CAVE LLP, THREE EMBARCADERO CENTER, 77" FLOOR SAN FRANCISCO, CA 94111-4077; PROOF OF SERVICE I am employed by Bryan Cave LLP, with an office located in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is Three Embarcadero Center qT Floor, San Francisco, California 94111. On February 3, 2017, I caused to be served on the interested parties on said action the within: NOTICE OF ENTRY OF ORDER by placing a true copy thereof in a sealed envelope(s) addressed to each as follows: Peter L. Kutrubes Attorney for Plaintiff Stephen P. Lin Law Offices of Peter L. Kutrubes 590 Lennon Lane, Suite 180 Walnut Creek, CA 94598 Tel: 925.939.9600 Fax: 925.256.7660 | pkutrubes@kutrubeslaw.com Leticia Butler, Esq. Attorneys for Quality Loan Service Corp. McCarthy & Holthus, LLP 1770 4" Avenue San Diego, CA 92101 Tel: (619) 685-4800 Fax: (619) 685-4811 Email: Ibutler@mccarthyholtus.com Stanley W. Smith Attorneys for Sotheby's International Niven & Smith Realty, Inc. & Mary Lou Castellanos 555 Montgomery Street, Suite 1750 San Francisco, CA 94111-2517 Tel: (415) 981-5451 Fax: (415) 433-5439 Email: sws@nivensmith.com BY U.S. MAIL: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Francisco, California, in the ordinary course of business. | 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. <<] (STATE) I declare under penalty of perjury the laws of the State of California that the above is true and correct. SFOLDOCS\297052.1 PROOF OF SERVICE