Party Notice: MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay)

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BRYAN Cave LLP
560 MISSION STREET, 25TH FLOOR

SAN FRANCISCO, CA 94105-2994
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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

ELECTRONICALLY
FILED

Supertor Court of Calffornia,
County of San Francisco

12/08/2015
Clerk of the Court
BY-NOELIA RIVERA

Deputy Clerk

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.

SFO1IDOCS\266824.1

Case No. CGC-15-546377

MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANT
JPMORGAN CHASE BANK, N.A.’S
DEMURRER TO PLAINTIFF’S
COMPLAINT

[Filed concurrently with Notice of Demurrer
and Demurrer; Memorandum of Points and
Authorities; Request for Judicial Notice and
(Proposed) Order]

Date: January 6, 2016
Time: 9:30 a.m.

Dept.: 501

Complaint Filed: June 16, 2015

Trial Date: Not Yet Assigned

MEMORANDUM OF POINTS AND AUTHORITIES ISO REQUEST FOR JUDICIAL NOTICE ISO
DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINTCom IN DH BF WN

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BRYAN CAVE LLP
560 MISSION STREET, 25TH FLOOR

SAN FRANCISCO, CA 94105-2994
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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 Plaintiff's 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.” Second 452(d) of the California Evidence Code provides that the Court may
take judicial notice of “records of (1) any court of this state or (2) any court of record of the United
States or any state of the United States.” Section 452(h) of the California Evidence Code provides
that the Court may take judicial notice of “[fJacts 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 Califomia 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 v. 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).

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MEMORANDUM OF POINTS AND AUTHORITIES ISO REQUEST FOR JUDICIAL NOTICE ISO
DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT0 Oe ND HW BRB WN

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BRYAN Cave LLP
560 MISSION STREET, 25TH FLOOR

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For these reasons, Defendant respectfully request that the Court take judicial notice of the

attached Exhibits A through I.
Dated: December 8, 2015 Respectfully submitted,

BRYAN C, LLP

By:

Goli Mahdavi,

Attorneys for Defendant

JPMORGAN CHASE BANK, N.A.
SFOIDOCS\266824.1 2

MEMORANDUM OF POINTS AND AUTHORITIES ISO REQUEST FOR JUDICIAL NOTICE ISO
DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT