On July 24, 2012 a
Hearing
was filed
involving a dispute between
Velasquez, Rodolfo,
and
America'S Wholesale Lender,
Bank Of America, N.A., (Erroneously Sued As Bank,
Bank Of America, N.A. (Erroneously Sued As Bank Of,
Bank Of America National Association,
Countrywide Home Loans Inc.,
Countrywide Home Loans, Inc., Dba America'S,
Does 1 To 100,
for civil
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-20-2012 9:49 am
Case Number: CGC-12-522638
Filing Date: Sep-20-2012 9:48
Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 03771190
MOTION (CIVIL GENERIC)
RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al
001003771190
Instructions:
Please place this sheet on top of the document to be scanned.SOD ew NIN DH B® wWWN
LAW OFFICES OF RUSSELL DAVIS
Russell Davis (SB 177959)
29 Lakewood Avenue
San Francisco, CA 94127
Tel.: (415) 409-5627
Fax: (415) 520-2666
Attorneys for Plaintiff
superior Cout of Califor
AUS 2.0 2012
CLERK OF THE COURT
ex. Mag Om, artes. ia
Vv
THE SUPERIOR COURT OF SAN FRANCISCO COUNTY
UNLIMITED JURISDICTION
RODOLFO VELASQUEZ ) ACTION NO.:CGC-12-522628
)
Plaintiff, ) Notice of and Motion for
) Reconsideration or to Vacate the
vs. ) Court’s Order re: Amount of Bond
)
BANK OF AMERICA NATIONAL )
ASSOCIATION, AMERICA’S )
WHOLESALE LENDER, ) Date: 10/25/2012
COUNTRY WIDE HOME LOANS, INC., _) Time: 9:30 am
) Dept.: 501
DOES 1-100 )
)
Defendants. )
2
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE
TAKE NOTICE that on October 25, 2012, at 9:30 am in Dept. 501 of the San Francisco
Superior Court, located at 400 McAllister Street, San Francisco, CA, the plaintiff will
move the court to reconsider or to vacate its prior order requiring a bond in the amount of
$17,868.00. The grounds for this motion are that the beneficiary of the note and trust
deed encumbering the plaintiff's property is not a legal entity; therefore the note and trust
deed are void on their face and the beneficiaries assignee has no right to foreclose based
upon the putative power of sale in that trust deed. The motion will be based on this
notice, the plaintiff's verified complaint, the attached points and authorities, and the
declaration of Russell Davis.
Dated: 09/18/2012
ay
ussell Davis, Attorney for Plaintiff0 Oo ND WH BF BW YY =
Se Be se eB oe
Bw N SF SO
15
PROOF OF SERVICE BY MAIL
I declare that:
I am employed in the County of San Francisco, State of California. I am over 18
years of age and not a party to the within action. My business address is 29 Lakewood
Avenue, San Francisco, CA 94127.
On the date signed hereunder, I served the within NOTICE OF MOTION,
DECLARATION OF RUSSELL DAVIS, POINTS AND AUTHORITIES, by placing
a true copy thereof, enclosed in a sealed envelope, with certified mail, first class postage
fully prepaid thereon, return receipt requested, in the United States Mail at San Francisco,
California, addressed as follows:
Jessica Ehsanian, Esq.
San Manciseo,CA 94103
I declare under penalty of perjury under the laws of California that the foregoing is
true and correct. Executed on September 19, 2012 at San Francisco, California.
Russell Davis
Document Filed Date
September 20, 2012
Case Filing Date
July 24, 2012
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-20-2012 9:49 am Case Number: CGC-12-522638 Filing Date: Sep-20-2012 9:48 Filed by: MARYANN E. MORAN Juke Box: 001 Image: 03771190 MOTION (CIVIL GENERIC) RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al 001003771190 Instructions: Please place this sheet on top of the document to be scanned.SOD ew NIN DH B® wWWN LAW OFFICES OF RUSSELL DAVIS Russell Davis (SB 177959) 29 Lakewood Avenue San Francisco, CA 94127 Tel.: (415) 409-5627 Fax: (415) 520-2666 Attorneys for Plaintiff superior Cout of Califor AUS 2.0 2012 CLERK OF THE COURT ex. Mag Om, artes. ia Vv THE SUPERIOR COURT OF SAN FRANCISCO COUNTY UNLIMITED JURISDICTION RODOLFO VELASQUEZ ) ACTION NO.:CGC-12-522628 ) Plaintiff, ) Notice of and Motion for ) Reconsideration or to Vacate the vs. ) Court’s Order re: Amount of Bond ) BANK OF AMERICA NATIONAL ) ASSOCIATION, AMERICA’S ) WHOLESALE LENDER, ) Date: 10/25/2012 COUNTRY WIDE HOME LOANS, INC., _) Time: 9:30 am ) Dept.: 501 DOES 1-100 ) ) Defendants. ) 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 25, 2012, at 9:30 am in Dept. 501 of the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, CA, the plaintiff will move the court to reconsider or to vacate its prior order requiring a bond in the amount of $17,868.00. The grounds for this motion are that the beneficiary of the note and trust deed encumbering the plaintiff's property is not a legal entity; therefore the note and trust deed are void on their face and the beneficiaries assignee has no right to foreclose based upon the putative power of sale in that trust deed. The motion will be based on this notice, the plaintiff's verified complaint, the attached points and authorities, and the declaration of Russell Davis. Dated: 09/18/2012 ay ussell Davis, Attorney for Plaintiff0 Oo ND WH BF BW YY = Se Be se eB oe Bw N SF SO 15 PROOF OF SERVICE BY MAIL I declare that: I am employed in the County of San Francisco, State of California. I am over 18 years of age and not a party to the within action. My business address is 29 Lakewood Avenue, San Francisco, CA 94127. On the date signed hereunder, I served the within NOTICE OF MOTION, DECLARATION OF RUSSELL DAVIS, POINTS AND AUTHORITIES, by placing a true copy thereof, enclosed in a sealed envelope, with certified mail, first class postage fully prepaid thereon, return receipt requested, in the United States Mail at San Francisco, California, addressed as follows: Jessica Ehsanian, Esq. San Manciseo,CA 94103 I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Executed on September 19, 2012 at San Francisco, California. Russell Davis