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  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
  • ALI R. POORSINA VS. PEAK FORECLOSURE SERVICES, INC. ET AL OTHER NON EXEMPT COMPLAINTS document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY (Ali R. Poorsina 11036 Mission St. Apt 907 \San Francisco, CA 94103 TELEPHONE NO: 415-656-7384 FAX NO, (Optional): L E-MAIL ADDRESS (Optional): San Francisco County Superior Court ATTORNEY FOR (Name):In Pre Se SUPERIOR courr’ ore CALIFORNIA, COUNTY OF ‘San Francisco JUL 25 2019 sTREET aporess: 4{ ister Street, 1 Floor . anc aboress: 400 McAllister Street CLERK OF THE COURT city ANDzIP cope: San Francisco, CA 94102 ak . uty Clerk BRANCH NAME: San Francisco PLAINTIFF/PETITIONER: Ali R. Poorsina DEFENDANT/RESPONDENT: Peak Foreclosure Services, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [Z] UNLIMITED CASE LIMITED CASE CGC-18-571590 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 06, 2019 Time: 10:30am Dept.: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. LZ] This statement is submitted by party (name): Ali R. Poorsina b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): Nov. 27, 2018 b. The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. C71: The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) v have been served but have not appeared and have not been dismissed (specify names): Case has moved to the USDC Court for Interpleader Pleadings (3) have had a default entered against them (specify names): c The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type ofcasein LY] complaint cross-complaint (Describe, including causes of action): On January 04, 2019, Plaintiff filed Withdraw from the Case No. CGC-18-571590, On January 29, 2019, Defendants filed an interpleader action in the Superior Court, On March 18, 2019 the interpleader case ordered be transferred to the USDC Court Case No. 19-cv-01385-LB, There is a Case Management Conference hearing scheduled on September 26, 2019, before Lnn ledan Unter Danine at HOD Canin nt 44mm Onuirtennm BD Page 1 of 5 Form Adopled foc Mandatory Use CASE MANAGEMENT STATEMENT Oe re Tab ‘CM-110 (Rev. July 1, 2011] www.courts.ca.gov 1CM-110 PLAINTIFF/PETITIONER: AliR. Poorsina ~ ‘CASE NUMBER: DEFENDANT/RESPONDENT: Peak Foreclosure Services, Inc. CGC-18-571590 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial ‘ The party or parties request ajury trial L¥_} a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. [4] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if c not, explain): Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The a. b. party or parties estimate that the trial will take (check one): L__I days (specify number): [¥J hours (short causes) (specify): 5-10 minutes 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [__] by the attorney or party listed in the caption ¥_]| by the following: a. Attorney: Ali R. Poorsina, Pro Se ~ b. Firm: . c. Address: 1036 Mission St. Apt 907 d. Telephone number: 415-656-7384 f. Fax number: e. E-mail address: poorsinajan@gmail.com g. Party represented: Ali R. Poorsina, ProSe Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. qa ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. ) For parties represented by counsel: Counsel has L_] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party LY_] has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). qa ) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount.in controversy does not exceed the tory limi (2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) L__] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Cade of Civil Procedure section 1775 et seq. (specify exemption): CHO Rew Jay 4, 2049) CASE MANAGEMENT STATEMENT Page zorCM-110 | PLAINTIFF/PETITIONER: Ali R. Poorsina PEFENDANT/RESPONDENT: Peak Foreclosure Services, Inc. 10. c. Indicate the ADR process or processes that the party or parties are willing, to participate in, have agreed to participate in, or have already. participated in (check all that apply and provide the specified information): : : ' The party or parties completing | If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR | indicate the status of the processes (attach a copy of the parties’ ADR processes (check all that apply): | stipulation): Mediation session not yet scheduled Mediati Mediation session scheduled for (date): iation Agreed to complete mediation. by (date): 1 Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): 09-26-2019 conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): i (3) Neutral evaluation Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled \ (6) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled” | * ADR session scheduled for (date): (6) Other (specify): . Agreed to complete ADR session by (date): ADR completed on (date): Ol Co ol Co Co fH Co Co Co C1 Co Co Co Co Oo Co Oo Co Co Co 1 Co CI Oo CM-110 (Rev. July 1, 2014] Page 3 of 5 CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Ali R. Poorsina CASE NUMBER: . CGC-18-571590 DEFENDANT/RESPONDENT: Peak Foreclosure Services, Inc. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [_] Yes [_] No e (1) Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction . Indicate any matters that may affect the court's jurisdiction.or processing of this case and describe the status. [) Bankruptcy [77] Other (specify): Jurisdiction is in process through USDC Court for Settlement for Surplus Fund. Status: hearing date is set for 9/26/2019 13. Related cases, consolidation, and coordination a. [/] There are companion, underlying, or related cases. (1) Name of case: Peak Foreclosure as Petitioner in this case (2) Name of court: U.S. District Court, San Francisco Division (3) Case number: 3:19-CV-01385-LB _ (4) Status: Case Management Conference Heari Additional cases.are described in Attachment 13a. b. [JAmotionto [[_] consolidate [“] coordinate _will be filed by (name party): set for 09/26/2019 @ 11:00 am 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. L¥_] The following discovery will be completed by the date specified (describe all anticipated discovery): ‘ Party Description Date Peak Foreclosure Services Petitioner/Trustee. for Case: 19-cv-01385-LB 09/19/2019 Claimant Jose Javier Gutierrez - _ Claimant 09/19/2019 Claimant Jeffery B. Neustadt Claimant - . 09/19/2019 Claimant Ali R Poorsina Claimant : 09/19/2019 Claimant United Stat’ Claimant 09/19/2019 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): StaR aya CASE MANAGEMENT STATEMENT Page oreCM-110 PLAINTIFF/PETITIONER: Ali R. Poorsina ‘CASE NUMBER: — . CGC-18-571590 DEFENDANT/RESPONDENT: Peak Foreclosure Services, Inc. 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18, Other issues (71 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): this Case has been moved from the Superior Court to the USDC Court on March 18, 2019. Case No. 19-cv-01385-LB and is schedule for Case Management Conference Hearing on September 26, 2019. 19. Meet and confer a. L¥_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following Barsina, hereby request this case will be continued until the matters are settled at the USDC Court hearing for all settlements. date of the hearing is September 26, 2019. Then USDC Court orders funds be distributed by the Superior Court Clerk. | respectfully aske the Hon. Judge to Grant the extension for this case to stay extended until the USDC Court has concluded in the case on September 26, 2019. 20. Total number of pages attached (if any): 5 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 25, 2019 Ali R. Poorsina » dA lh fi fof bi-benite (TYPE OR PRINT NAME) (SIGNATURE OF/PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. M70 Rew. Jy 4, 2041) CASE MANAGEMENT STATEMENT Page Sof27 28 Ali R. POORSINA 1036 Mission Street, Apt 907 San Francisco, CA 94103 Tel: 415-656-7384 Plaintiff in Pro Se IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION Case No.: CGC -18-571590 ALI R. POORSINA STIPLATION TO EXTEND DEADLINE Plaintiff, ) TO RESPOND TO COMPLAIT; [PROPOSED] ORDER VS. ) Date: August 06, 2019 ) Time: 10:30 am Dept: 610 Hon. Judge: Curtis Karnow PEAK FORECLOSURE SERVICES, INC. et al Defendants. TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff Ali R. Poorsina, hereby stipulate and respectfully request that the Court to consider extend the time of this Complaint that has been filed on November 27, 2019 Plaintiff’ filed withdrawal to the Complaint on 01/04/2019, because defendant filed the interpleader action on 01/29/2019. Then the case was transferred to the USDC Court on 03/14/2019, now there is Case Management hearing schedule for September 26, 2019 for settlement of the surplus funds which has been deposited into Superior Court on December 13, 2018. Ali R Poorsina, Pro Se hereby stipulate and agree to the following: WHEREAS, Plaintiff, Pro Se is currently facing deadlines for the USDC Court Case Management Discovery Hearing set for September 26, 2019, that impacted the ability of Plaintiff continue with pleading; 1 STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT CASE NO. CGC-18-571590WHEREAS, Plaintiff request of continuance of the Complaint be extended until all issues are settle with Honorable Judge Beeler at the USDC Court hearing courtroom B 15" Floor; WHEREAS, California Rule of Court 3.110(e) and Local Rule of Court for the San Francisco Superior Court 3.1 (B) permit this Court to extend the time period for the response after service of the initial complaint; Plaintiff, hereby STIPLUATE that deadline for this case continue be extended until the related matters in the USDC Court are resolved. Dated: July 25, 2019 ALI-R. POORSINA Ali R. Poorsina, Pro Se * [PROPOSED] ORDER. Good cause having been shown, the Court hereby ORDERS the Answer or other response to the Complaint for the Plaintiff is due on August 6, 2019 Response to the Complaint is extended until the matter is settled after the USDC Court settles all claims that had been filed. Plaintiff will amend a Motion for responsive contined pleading. IT IS SO ORDERED. Date: Hon. Judge Curtis Karnow STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT CASE NO. CGC-18-571590United States District Court Northern District of California co Oem ND HW PB wWN = ° 11 Case 3:19-cv 385-LB Document 31 Filed 06/13, ‘Page 1 of 12 Ex | UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division PEAK FORECLOSURE SERVICES, INC., Case No. 19-cv-01385-LB Plaintiff, CASE-MANAGEMENT AND ~~ y PRETRIAL ORDER (BENCH) UNITED STATES OF AMERICA, et al., Defendant s. The court held a case-management conference on September 26, 2019, and issues this case- management and pretrial order. IL. GENERALLY APPLICABLE RULES Parties must comply with the procedures in. the Federal Rules of Civil Procedure, the local tules, the general orders, Judge Beeler’s standing order, and the Northern District’s general standing order for civil cases titled “Contents of Joint Case Management Statement.” Local rules, general orders, general standing orders, and a summary of the general orders’ electronic filing requirements (including the procedures for emailing proposed orders to chambers) are available at http://www.cand.uscourts.gov (click “Rules” or “ECF-PACER”). CASE-MANAGEMENT AND PRETRIAL ORDER No. 19-cv-01385-LBUnited States District Court Northern District of California Case 3:19-c 385-LB Document5 Filed 03/19/ Page 1 of 2 Ex 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: 1563 28TH AVE, SAN FRANCISCO, CA 94122, Case No. 19-cv-01385-LB ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES IT IS HEREBY ORDERED that this action is assigned to the Honorable Laurel Beeler. When serving the complaint or notice of removal, the plaintiff or removing defendant must serve on all other parties a copy of this order, the Notice of Assignment of Case to a United States Magistrate Judge for Trial, and all other documents specified in Civil Local Rule 4-2. Plaintiffs or removing parties must file a consent or declination to proceed before a magistrate judge within 14 days of the filing of the complaint or the removal. All other parties must file a consent or declination within 14 days of appearing in the case. All parties who have made an appearance must file a consent or declination within 7 days of the filing of a dispositive motion or the case will be reassigned to a district court judge. Counsel must comply with the case schedule listed below unless the Court otherwise orders. IT IS FURTHER ORDERED that this action is assigned to the Alternative Dispute Resolution (ADR) Multi-Option Program governed by ADR Local Rule 3. Counsel and clients shall familiarize themselves with that rule and with the material entitled “Dispute Resolution Procedures in the Northern District of California” on the Court ADR Internet site at http://www.cand.uscourts.gov/adr. A limited number of printed copies are available from the Clerk’s Office for parties in cases not subject to the court’s Electronic Case Filing program (ECF). IT IS FURTHER ORDERED that plaintiff or removing defendant serve upon allCase 3:19-c) JS-CAND 44 (Rev. 06/17) s85-La REECE file gS The JS-CAND 44 civil cover sheet and the information comained hefein neither replace nor supplement the filing and service of pleadings or other papers as required by except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, Page 1 of 2 law, , is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM,) I. (a) PLAINTIFFS IN RE: 1563 28th AVENUE. SF CA 94122 (b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES) (€) Attorneys (Firm Name, Address, and Telephone Number) DEFENDANTS IUNITED STATES OF AMERICA EX 2 Ce if Resid f First Listed Defendant ‘rancis int (NUS PLAINTINE CASES ONLD) Sam Francisco Coumy NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attomeys (If Known) THOMAS MOORE, AUSA, TAX DIVISION 450 Golden Gate Ave., 11th Fi. San Francisco, CA, 94102; tel: (415) 436-7017 IL BASIS OF JURISDICTION (Piace an "x" in One Box Only) If, CITIZENSHIP OF PRINCIPAL PARTIES (Piace an-"X" in One Box for Plaintiff (For Diversity Cases Only) . and One Box for Defendant) PTF DEF PIF DEF 1 US.Government Plaintiff 3 Federal Question it i inci Fee Sue on Nota Party) Citizen of This State 1 1 Incorporated or Principal Place 44 of Business In This State Citi: f Anothe 6 rinciy ie s 5 2 US. Government Defendant 4 Diversity a ne itzen of Another State 2 2 Trcormoratd and Principal Place Andloae Citzenship of Parties in tem lt) | cision oe Subject of 3 3. Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (lace an “x" in One Box Only) = =* conrracr, TORTS = FORFEITURE/PENALTY «BANKRUPTCY ‘OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of | 422 Appeal 28 USC § 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury — Product Property 21 USC § 881 | 423 Withdrawal 28 USC 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Liability Liability 690 Other § 157 $3729(@)) 140 Negotiable Instrument 320 Assault, Libel & Slander 367 Health Care/ “= LABOR PROPERTY RIGHTS 400 State Reapportionment 150 Recovery of 330 Federal Employers" Pharmaceutical Personal "719 Fair Labor Standards Act | 820 Copyrights 410 Antitrust ‘Overpayment Of ee iability Injury Product Liability | oe oMenteement | 830 Pace 430 Banks and Banking Veteran's Benefits 340 Mari 368 Asbestos Personal Injury Management . 450 Commerce 151 Medicare Act farine Product Liability Relations ‘835 Patent—Abbreviated New ° es 345 Marine Product Liability pcos PROPERTY 740 Railway Labor Act Drug Application 460, Deportation 152 Recovery of Defaulted 350 Motor Vehicle 751 Family and Medical 840 Trademark 470 Racketeer Influenced & Student Loans (Excludes | eae Vehicle Product 370 Other Fraud Leave Act Corrupt Organizations 153 x oe J Liability 371 Truth in Lending 790 Other Labor Litigation |_-SOCIAL SECURITY. 480 Consumer Credit Recovery o 360 Other Personal Inj 380 Other Personal Property | 791 Employee Retirement 861 HIA (139581) 490 Cable/Sat TV ‘erpayment yey Damage mp oyes Rett sti sti of Veteran's Benefits 362 Personal Injury -Medical 8 Income Security Act 862 Black Lung (923) 850 Securties/Commodities/ 160 Stockholders? Suit Malpractice 385 Property Damage Product IMMIGRATION. 863 DIWC/DIWW (405(g)) ‘Exchange oon c ers’ Suits Liability * 864 SSID Title XVI £890 Other Statutory Actions 3 Conner Pest Liab CIVIL RIGHTS ‘PRISONER PETITIONS | 4° eel ization 865 RSI (405(¢)) 891 Agricultural Acts i6Frnciss 440 Other Civil Rights HABEAS CORPUS 465 Other Immigration FEDERAL TAX SUITS’ 893 Environmental Matters 441 Voting 463 Alien Detainee Actions 370 Taxes (US. Plaimiff or 895 Freedom of Information REAL PROPERTY 442 Employment 510 Motions to Vacate . Defendant) Act 210 Land Condemnation 443 Housing/ Sentence 871 IRS—Third Party 26 USC | £96 Arbitration 220 Foreclosure Accommodations 530 General § 7609 899 Administrative Procedure 230 Rent Lease & Ejectment | 445 Amer. w/Disabiltes— 535 Death Penalty ActReview or Appeal of 240 Torts to Land Employment Agency Decision ca 446 Amer. wiDisabilities—Other OTHER 950 Constitutionality of State 245 Tort Product Liability wDissbliies-Other | 549 Mandamus & Other Statutes 290 All Other Real Property | 448 Education 550 Civil Rights 555 Prison Condition 560 Civil Detainee— Conditions of Confinement V. ORIGIN (Place an “x” in One Box Only) 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5. Transferred from 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District (specify) Litigation—Transfer Litigation—Direct Fite VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes untess diversity): ACTION Brief descrintion.of cause: ~ ‘Notice of Removal of Civil Action “- 1, 28 U.S.C.1442(a)(1), 28 U.S.C.1444 and 28 U.S.C. 2410 VI. REQUESTEDIN — CHECK IF THISIS ACLASS ACTION DEMAND S'- : CHECK YES only if demanded in complaint: JURY DEMAND: COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. ‘Yes No VIII. RELATED CASE(S), : AF ANY (se isiructons): JUDGE POCKET NUMBER IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) : (Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE )UREKA-MCKINLEYVILLE DATE 03/14/2019 | SIGNATURE OF ATTORNEY OF RECORD - /S/ THOMAS MOORE, AUSANN, cer _, / Clv-470 [ATTORNEY OR PARTY WiTHOUT ATTORNEY” STATE BAR NBER 259286 FOR COURT USE ONLY } inane: Erica T. Loftis erunave Scheer Law Group, LLP . srrest aooress. 26522 La Alameda, Suite 205 1 er Mission Viejo SHTECA 2500 9269] Fr IL BK D TELEPHONE NO. (949) 263-8757 FxN0(949) 209-3320 ‘San Francisco County Superior Court E-MAIL ADORESS: eloftis@scheerlawgroup.com ATTORNEY FORIeame)_ Peak Foreclosure Services, Inc., Petitioner JAN 29 2019 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREETADORESE. 40) McAllister St. CLERK OF MAILING ADDRESS: BY. 2 . CITY AND ZIP CODE: ie acne San Francisco 94102 Deputy Clerk IN RE (ADDRESS OF REAL PROPERTY}: 1563 28th AVENUE, SAN FRANCISCO, CA 94122 PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE'S SALE . . [Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount deposited [—] does not exceed $10,000 [Tj exceeds $10,000, but does not exceed $25,000 (XJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) Ex. CPF-19-516521 1, Petitioner (name): Peak Foreclosure Services, Inc. is the trustee under the Deed of Trust described in items 2 and 3 below: The Deed of Trust _ 2. The Deed of Trust encumbered the real property commonly known as (describe): 1563 28th AVENUE, SAN FRANCISCO, CA 94122 {the "property") and legally described [XJ in Attachment 2 as foliows: 3. The eed of Trust was a, Executed by (name): ~ b. Executed on (date): May 6, 2005 c. Recorded: . (1) Date May 12, 2005 (2) County: San Francisco (3) Instrument number: 2005-H952249-00 Ali R. Poorsina, a single man ‘Form Adopted tor Kiandaiony Use” Judicial Councd at Cattornia ‘IV: 170 [Rev Sep:embor ¥, 2018) BY FAX ONE LEGAL LLC “PETITION AND DECLARATION REGARDING UNRESOLVED” CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS “ PROCEEDS OF TRUSTEE'S SALE as trustor, Page 1ot3 Ghai Code. § 2835, LexisNexis® Automated California Judicial Council FormsALI POORSINA 1036 Mission Street, Apt. 907 San Francisco, CA 94103 415-656-7384 Plaintiff In Propria Persona Exe SUPERIOR COURT -- STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL JURISDICTION Case No. CGC-18-571590 ALI POORSINA, Plaintiff, PLAINTIFF’S NOTICE OF 7 WITHDRAWAL OF MOTION vs. REGARDING “NOTICE OF ° COMPLAINT” FRAK FORECLOSURE SERVICES, INC., | pate: Tanuary 10,2019 : Time: 9:30 a.m. © Defendants. Dept: 501 || TO ALL PARTIES, THEIR ATTORNEYS, AND TO THE COURT: NOTICE IS HEREBY GIVEN that plaintiff, Abs POORSINA, withdraws his motion scheduled for January 10, 2019 in Department 501 of the above entitled court. This motion was erroneously filed. Dated: January 4, 2019 ‘f belt, i Poorsina Page | Notice of Withdrawal of MotionRB N w s a o a © © 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE CASE: Ali R Poorsina vs. Peak Foreclosure Services, Inc. Case No. CGC-18-571590 . I am living in the City and County of San Francisco, State of California. I am over the age of eighteen years and not a party to the within action. My residence address is 1036 Mission Street, Apt 907, San Francisco, CA 94103. On July 25, 2019, the date below, I served the following documents: NOTICE TO EXTEND DEADLINE TO AMEND COMPLAINT [x] By regular UNITED STATES MAIL by placing a true and correct copy in a sealed envelope addressed as shown below. I am readily familiar with the practice of Scheer Law Group, LLP for collection and processing of correspondence for mailing. According to that practice, items are deposited with the United States Postal Service at San Francisco, California on that same day with postage thereon fully prepaid. I 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 the date of deposit for mailing stated in this affidavit. Erica T. Loftis Scheer Law Group, LLP 26522 La Alameda, Suite 205 Mission Viejo, CA 92691 Tel: (949) 263-8757 Lead Attorney for Defendants Executed on July 25, 2019, at San Francisco, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Natalya Baranchuk “PROOF OF SERVICE CASE NO. CGC-18-571590