On April 18, 2014 a
Hearing
was filed
involving a dispute between
New, Joseph S,
and
Bank Of America, N.A.,
Does 1 To 100, Inclusive,
Mortgage Electronic Registration Systems, Inc.,
Recontrust Company, N.A.,
U.S. Bank National Association As Trustee For The,
for civil
in the District Court of San Francisco County.
Preview
HHUNNUNGNI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-19-2014 12:34 pm
Case Number: CGC-14-538800
Filing Date: Aug-19-2014 12:29
Filed by: RONNIE OTERO
Juke Box: 001 Image: 04591269
DEMURRER
L
JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
THE et al
001004591269
Instructions:
Please place this sheet on top of the document to be scanned.FASXEID
© o
MARY KATE SULLIVAN (State Bar No. 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No. 245568)
tna@severson.com
R. TRAVIS CAMPBELL (State Bar No. 271580)
rtc@severson.com
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. and U.S. BANK NATIONAL 7
ASSOCIATION AS TRUSTEE FOR THE
BENEFIT OF HARBORVIEW 2005-2 TRUST
FUND
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOSEPH S. NEW, Case No. CGC-14-538800
4 Plaintiff, NOTICE OF DEMURRER AND
DEMURRER TO PLAINTIFF’S FIRST
vs, AMENDED COMPLAINT
U.S. BANK NATIONAL ASSOCIATION AS | [Filed concurrently with Memorandum of
TRUSTEE FOR THE BENEFIT OF Points and Authorities; Request for Judicial
HARBORVIEW 2005-2 TRUST FUND; Notice; [Proposed] Order]
RECONTRUST COMPANY, N.A,;
MORTGAGE ELECTRONIC Date: September 26, 2014
REGISTRATION SYSTEMS, INC.; BANK Time: 9:30 a.m.
OF AMERICA, N.A.; and DOES 1-100 Dept.: 501
inclusive,
Action Filed: April 18, 2014
Defendants. Trial Date: None Set
11951.0377/3397 127.1 . _.
NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT© °o
TO PLAINTIFF AND HER ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on Wednesday September 26, 2014 at 9:30 a.m. in
Department 501 of the above-entitled Court, located at 400 McAllister Street, San Francisco,
California 94102, defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND (“Defendants”) will and hereby do demur to the first
amended complaint filed by plaintiff JOSEPH S. NEW (“Plaintiff”).
The demurrer is made pursuant to California Code of Civil Procedure (“CCP”) §430.10(e)
on grounds that the pleading does not state facts sufficient to constitute a cause of action against
Defendants.
Said motion will be based upon this notice of demurrer, the demurrer, memorandum of
points and authorities, the accompanying request for judicial notice, on the pleadings and papers
on file in this action, and on such evidence as may be presented at a hearing.
DATED: August 19, 2014 SEVERSON & WERSON
A Professional Corporation
. Travis Campbell
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC, and U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE BENEFIT
OF HARBORVIEW 2005-2 TRUST FUND
11951.0377/3397 127.1 __
NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT© °
DEMURRER
Defendants hereby demur to the first amended complaint filed in this action on the
following grounds:
1. The first cause of action for “Wrongful Foreclosure” fails to state facts sufficient
to constitute a cause of action against Defendants. (CCP §430.10(e)).
DATED: August 19, 2014 SEVERSON & WERSON
A Professional Corporation
By: -
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. and U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE BENEFIT
OF HARBORVIEW 2005-2 TRUST FUND
11951.0377/3397127.1
NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT.
Document Filed Date
August 19, 2014
Case Filing Date
April 18, 2014
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HHUNNUNGNI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-19-2014 12:34 pm Case Number: CGC-14-538800 Filing Date: Aug-19-2014 12:29 Filed by: RONNIE OTERO Juke Box: 001 Image: 04591269 DEMURRER L JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al 001004591269 Instructions: Please place this sheet on top of the document to be scanned.FASXEID © o MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No. 245568) tna@severson.com R. TRAVIS CAMPBELL (State Bar No. 271580) rtc@severson.com SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and U.S. BANK NATIONAL 7 ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOSEPH S. NEW, Case No. CGC-14-538800 4 Plaintiff, NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S FIRST vs, AMENDED COMPLAINT U.S. BANK NATIONAL ASSOCIATION AS | [Filed concurrently with Memorandum of TRUSTEE FOR THE BENEFIT OF Points and Authorities; Request for Judicial HARBORVIEW 2005-2 TRUST FUND; Notice; [Proposed] Order] RECONTRUST COMPANY, N.A,; MORTGAGE ELECTRONIC Date: September 26, 2014 REGISTRATION SYSTEMS, INC.; BANK Time: 9:30 a.m. OF AMERICA, N.A.; and DOES 1-100 Dept.: 501 inclusive, Action Filed: April 18, 2014 Defendants. Trial Date: None Set 11951.0377/3397 127.1 . _. NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT© °o TO PLAINTIFF AND HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on Wednesday September 26, 2014 at 9:30 a.m. in Department 501 of the above-entitled Court, located at 400 McAllister Street, San Francisco, California 94102, defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND (“Defendants”) will and hereby do demur to the first amended complaint filed by plaintiff JOSEPH S. NEW (“Plaintiff”). The demurrer is made pursuant to California Code of Civil Procedure (“CCP”) §430.10(e) on grounds that the pleading does not state facts sufficient to constitute a cause of action against Defendants. Said motion will be based upon this notice of demurrer, the demurrer, memorandum of points and authorities, the accompanying request for judicial notice, on the pleadings and papers on file in this action, and on such evidence as may be presented at a hearing. DATED: August 19, 2014 SEVERSON & WERSON A Professional Corporation . Travis Campbell Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND 11951.0377/3397 127.1 __ NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT© ° DEMURRER Defendants hereby demur to the first amended complaint filed in this action on the following grounds: 1. The first cause of action for “Wrongful Foreclosure” fails to state facts sufficient to constitute a cause of action against Defendants. (CCP §430.10(e)). DATED: August 19, 2014 SEVERSON & WERSON A Professional Corporation By: - Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND 11951.0377/3397127.1 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT.