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I Mark J. Sarni, Esq. (SBN 164364)
ATTORNEY AT LAW
2 3424 Carson Street, Suite 350
Torrance, California 90503
3 Telephone: (310) 542-0111
Facsimile: (310) 214-7254
4 'mail: southbavadr@amail.corn
Attorney for Defendant and
Cross-Complainant, Rushmyfile, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CRUZ
10
JASON NEEL, ) CASE NO: 22CV01758
11 )
Plaintiff, ) ANSWER OF DEFENDANT
12 V.
) RUSHMYFILE, INC. TO FIRST
) AMENDED COMPLAINT OF
13 ) PLAINTIFF JASON NEEL
SUPERIOR LOAN SERVICING; ASSET )
14 DEFAULT MANAGEMENT, INC.; UNITED )
STATES REAL ESTATE CORPORATION; )
CNA EQUITIES GROUP, LLC; AND
RUSHMYFILE, BUSINESS ENTITY FORM
UNKNOWN, and DOES 1-50, inclusive,
17 )
Defendants. )
18 )
UNITED STATES REAL ESTATE )
CORPORATION )
)
20 )
Cross-Complainant, )
21 )
V. )
22 )
JASON NEEL; CNA EQUITY GROUP, INC.,
23 professional corporation; a California
24 Corporation; CODY MOLICA, and ROES 1-50,)
Inclusive, )
25 )
Cross-Defendants. )
26 )
)
27 )
)
28 )
I
ANSWER BY DEFENDANT RVSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
RUSHMYFILE, INC., a California Corporation,)
)
Cross-Complainant, )
)
)
V. )
)
CNA EQUITY GROUP, INC., a professional )
corporation; CODY MOLICA, an individual; )
DONALD SCHWARTZ, an individual; DEREK)
WHEAT AKA MIGUEL WHEAT AKA SAM I
)
WHEAT, an individual; and MOES 1-50,
inclusive, )
)
Cross-Defendants )
)
)
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD, IF ANY:
12 Defendant RUSHMYFILE, INC., a California Corporation; (" Defendant" ) by and
13 through its attorney, hereby submits its Answer in response to the First Amended Complaint
14 (hereinafter "Complaint" or "FAC") of JASON NEEL (" Plaintiff') as follows:
15
By virtue of the provisions of the Code of Civil Procedure section 431.30, Defendants
16 deny generally and specifically, each and every, all and singular, of the allegations contained in
17 each cause of action of the FAC.
18 AS FOR ITS SEPARATE AND AFFIRMATIVE DEFENSES, AS TO EACH AND
19 EVERY CAUSE OF ACTION, DEFENDANT ALLEGES AS FOLLOWS:
20
21 FIRST AFFIRMATIVE DEFENSE
22 (Failure to State a Cause of Action)
23 The Defendant alleges that the Plaintiff has failed to state facts sufficient to constitute any
24 cause of action against this Defendant.
25
26 SECOND AFFIRMATIVE DEFENSE
27 (Failure to Mitigate Damages)
28 The Defendant alleges that the Plaintiff s claims are barred in whole or in part because of
2
ANSWER BY DEFENDANT RUSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
the Plaintiff s failure to take reasonable steps to mitigate his damages, if any.
THIRD AFFIRMATIVE DEFENSE
(Statute of Limitations)
The Defendant alleges that the Plaintiff's claims are barred by applicable statutes of
6
limitation, including but nor limited Io, Sections 337, 338, 339, 340(3) and 343 of the California
Code of Civil Procedure.
9
FOURTH AFFIRMATIVE DEFENSE
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(Defendant Acted in Good Faith)
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This answering Defendant is excused from any and all liability under the facts alleged in
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Plaintiff s claims for relief because at all material times this answering Defendant acted in good
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faith and conducted all material transactions in good faith.
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FIFTH AFFIRMATIVE DEFENSE
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(Plaintiff Not Entitled To Relief)
17
This answering Defendant denies Plaintiff is entitled to any relief for which he prays.
18
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SIXTH AFFIRMATIVE DEFENSE
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(Plaintiff s Own Negligence)
21
Plaintiff's recovery, if any, must be proportionately reduced, as any injury or damage
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allegedly suffered by Plaintiff occurred as a proximate result of negligence on his own part, in
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that Plaintiff failed to exercise ordinary care on his own behalf at the times and places alleged.
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SEVENTH AFFIRMATIVE DEFENSE
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(Comparative Fault)
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The Defendant alleges that the Plaintiff was careless and negligent with respect to some
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ANSWER BY DEFENDANT RUSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
or all matters alleged by him in the FAC, and thus was comparatively at fault and proximately
caused his own damages. Accordingly, any damages otherwise recoverable by the Plaintiff, if
any, should be reduced in proportion to his own negligence.
EIGHTH AFFIRMATIVE DEFENSE
(Third Party Fault)
The Defendant alleges that the damages complained of, if there were any, were
proximately contributed to or caused by the carelessness, negligence, fault or defects resulting
from acts(omissions of other named defendants and/or parties unknown to Defendant at this time,
10
and were not caused in any way by Defendant or by persons for whom this answering Defendant
11
is legally responsible.
12
13
NINTH AFFIRMATIVE DEFENSE
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(Assumption of Risk)
15
Plaintiff, at all material times, calculated, knew and understood the risks inherent in the
16
situations, actions, omissions and transactions upon which he now bases his various claims for
17
relief, and with such knowledge, Plaintiff undertook and thereby assumed such risks and is
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consequently barred from all recovery by such assumption of risk.
19
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TENTH AFFIRMATIVE DEFENSE
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(No Proximate Cause)
22
The acts and omissions of this answering Defendant, alleged in Plaintiffs claims for
23
relief were not a proximate cause of the loss or damage for which Plaintiff seeks recovery.
24
25
ELEVENTH AFFIRMATIVE DEFENSE
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(Suffered No Damages/Lack of Ripeness)
27
The Defendant alleges that Plaintiff's claims are barred because Plaintiff suffered no
4
ANSWER BY DEFENDANT RIISHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
damages as a result of the allegations in the FAC and/or any damages Plaintiff may suffer in the
future have not been incurred as of the date of this Answer and therefore his claim is not ripe.
4
TWELFTH AFFIRMATIVE DEFENSE
5
(Right to Indemnity)
6
Defendant alleges that if it should be established that this Defendant is in any manner
7
legally responsible for Plaintiff's alleged damages, which Defendant denies, Defendant would be
8
entitled to indemnity and/or contribution from co-defendants in direct proportion to their
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negligence or other actionable conduct which proximately caused or contributed to the alleged
10
damages.
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THIRTEENTH AFFIRMATIVE DEFENSE
13
(No Punitive Damages)
14
Defendant alleges that any claim for punitive damages or exemplary damages is barred
15
by the Fourteenth Amendment to the Constitution of the United States, and is otherwise without
16
factual or statutory basis.
17
18
FOURTEENTH AFFIRMATIVE DEFENSE
19
(No Costs or Attorneys'ees)
20
Defendant alleges that Plaintiff is not entitled to recovery of attorneys'ees by law as
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Plaintiff has not alleged any statute or contract which entitles it to attorneys'ees in the FAC.
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23
FIFTEENTH AFFIRMATIVE DEFENSE
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(Laches)
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Defendant alleges that Plaintiff has unreasonably delayed in bringing his FAC and, as a
26
result, witnesses and documents have become unavailable that are instrumental to the
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Defendant's ability to defend itself in this matter. In effect, Plaintiff s claims are stale and equity
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5
ANSWER BY DEFENDANT RUSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
demands Plaintiff not recover on the claims they unreasonably delayed in bringing.
SIXTEENTH AFFIRMATIVE DEFENSE
(Lack of Capacity)
Defendant alleges that Plaintiff lacks the mental capacity to bring the FAC and that,
further, his attorneys have not been properly substituted in as attorneys of record to represent him
in any event, even if Plaintiff did have the mental capacity to legally retain them which
Defendant asserts Plaintiff may not have.
10
SEVENTEENTH AFFIRMATIVE DEFENSE
(Acquiescence/Estoppel/Waiver)
12
Defendant alleges that, by principles of acquiescence and/or estoppel and/or waiver,
13
Plaintiff is not entitled to recovery on the facts alleged in his FAC.
14
15
EIGHTEENTH AFFIRMATIVE DEFENSE
16
(No Alter Ego Liability)
17
No facts have been alleged by Plaintiff to permit recovery under an "alter ego" theory
18
and no answering Defendant herein can therefore be held liable for the alleged bad acts of any
19
other answering Defendant herein.
20
21
NINETEENTH AFFIRMATIVE DEFENSE
22
(Additional Defenses)
23
This answering Defendant is informed and believes, and based thereon alleges that there
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may be other applicable affirmative defenses not alleged herein because of facts not yet known
25
to this answering Defendant, and Defendant reserves all rights to supplement or amend its
26
answer and affirmative defenses as they become known to the Defendant and/or its attorneys.
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ANSWER BY DEFENDANT RUSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
WHEREFORE, this Defendant prays for judgment as follows:
1. That the Plaintiff recover nothing on account of the claims made in his FAC;
2. That the Defendant be awarded costs of suit herein; and
3. For such other and further relief as the Court may deem just and proper.
Dated: March 16, 2023 MARK J. SARNI
ATTO
Male J. Sami, Esq.
Attorney for Defendant and Cross-
10 Complainant, RUSHMYFILE,
INC.
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ANSWER BY DEFENDANT RUSHMYFILE, INC.
TO FIRST AMENDED COMPLAINT
1
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
4 I am employed in the county of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is 3424 Carson Street,
Suite 350, Torrance, CA 90503.
6 On March 20, 2023, I served the following documents by the means indicated
below:
7
1. ANSWER OF DEFENDANT RUSHMYFILE, INC. TO FIRST
8
AMENED COMPLAINT OF PLAINTIFF JASON NEEL;
2. CROSS-COMPLAINT OF RUSHMYFILE, INC. AGAINST CROSS-
DEFENDANTS CNA EQUITY GROUP, INC.; CODY MOLICA;
10
DONALD SCHWARTZ; DEREK WHEAT AKA MIGUEL WHEAT
AKA SAM WHEAT; and,
12
3. ANSWER OF CROSS-DEFENDANT RUSHMYFILE, INC. TO
CROSS-COMPLAINT OF CROSS-COMPLAINANT UNITED
13
STATES REAL ESTATE CORPORATION
14 on the interested parties as follows by the following means:
15 (See Attached Service List)
(BY OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's
17 practice of collection and processing correspondence for mailing. Under that
practice it would be deposited with Fed Express on that same day with postage
18 thereon fully prepaid at Torrance, California in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal
19 cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
20
(BY MAIL) As follows: I am "readily familiar" with the firm's practice of
21 collection and processing correspondence for mailing. Under that practice it
would be deposited with U.S. postal service on that same day with postage
22 thereon fully prepaid at Torrance, California in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal
23 cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
24
(BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED). I deposited these
papers with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am a resident or employed in the county where the notice was
26 mailed. I used certified mail and requested a return receipt. The envelope was
addressed and mailed to the other party as follows:
27
(I) Name:
CASE NO. 22CV01758
PROOF OF SERVICE
(2) Address on envelope:
(3) Date Mailed:
(4) Place of mailing (city, state):
4
(BY PERSONAL SERVICE) I delivered such envelope by first class mail to the
Santa Clara County Sheriffs Office with Instructions to personally serve the
above identified parties at the address identified or at such other address as the
Santa Clara County Sheriff s Office can locate the above identified parties.
7
(BY FAX) As follows: On at approximately p.m. by use
of facsimile machine number (310) 214-7254, I served a copy of the foregoing on
the interested parties in this action by transmitting by facsimile machine to the
following: [C.C.P. tj 1013(e)] SEE ATTACHED SERVICE LIST
io H (BY E-MAIL OR ELECTRONIC TRANSMISSION) As follows: I caused a
copy of the document(s) to be sent from e-mail address southbavadrQvmail.corn
to the persons at the e-mail addresses listed below. I did not receive, within
reasonable time after the transmission, any electronic message or other indication
12
that the transmission was unsuccessful. The following parties were served
13
electronically at the following email addresses:
14 H (STATE) I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Is
(FEDERAL) I declare that I am employed in the office of a member of the bar of
16 this court at whose direction the service was made.
17 Executed on March 20, 2023, at Torrance, California.
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MARK J. SARNI
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CASE NO. 22CV01758
PROOF OF SERVICE
SERVICE LIST
Thornton Davidson, Esq. Attorney for Plaintiff, Jason Neel
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, CA 93711
thorntonSthorntondavidsonlaw.corn
Pamela D. Simmons, Esq. Attorneys for Plaintiff, Jason Neel
William Purdy, Esq.
LAW OFFICE OF SIMMONS & PURDY
2425 Porter Street, Suite 10
Soquel, CA 95073
namelaSnamelalaw.corn
bill&namelalaw.corn
10
Jeffrey H. Lowenthal, Esq. Attorneys for Defendant and Cross-
Edward Egan Smith, Esq. Complainant, United States Real Estate
Matthew W. Delbridge, Esq. Corporation
12 STEYER LOWENTHAL
BOODROOKAS ALVAREZ & SMITH
13 LLP
235 Pine Street, 15'" Floor
14 San Francisco, CA 94104
i lowenthal@steverlaw.corn
15 esmith&steverlaw.corn
mdelbridaeRsteverlaw.corn
16
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Edward T. Weber, Esq. Attorney for Defendants Superior Loan
Law Office of Edward T. Weber Servicing and Asset Default Management,
18
17151 Newhope Street, Suite 203 Inc.
19
Fountain Valley, CA 92708
ed weberleaal.corn
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Michael T. Beuselinck, Esq. Attorney for Defendant and Cross-Defendant,
Michal Beuselinck, P.S. CNA Equity Group, Inc.
22 490 43'treet ¹37
Oakland, CA 94609
23 mike@lawmtb.corn
24 Cody Molica Defendant and Cross-Defendant, In Pro Per
1029 North Road ¹175
25 Westfield, MA 01085
cmolica1 l@gmail.corn
26
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CASE NO. 22CV01758
PROOF OF SERVICE
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I Mark J. Sarni, Esq. (SBN 164364) ATTORNEY AT LAW 2 3424 Carson Street, Suite 350 Torrance, California 90503 3 Telephone: (310) 542-0111 Facsimile: (310) 214-7254 4 'mail: southbavadr@amail.corn Attorney for Defendant and Cross-Complainant, Rushmyfile, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ 10 JASON NEEL, ) CASE NO: 22CV01758 11 ) Plaintiff, ) ANSWER OF DEFENDANT 12 V. ) RUSHMYFILE, INC. TO FIRST ) AMENDED COMPLAINT OF 13 ) PLAINTIFF JASON NEEL SUPERIOR LOAN SERVICING; ASSET ) 14 DEFAULT MANAGEMENT, INC.; UNITED ) STATES REAL ESTATE CORPORATION; ) CNA EQUITIES GROUP, LLC; AND RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN, and DOES 1-50, inclusive, 17 ) Defendants. ) 18 ) UNITED STATES REAL ESTATE ) CORPORATION ) ) 20 ) Cross-Complainant, ) 21 ) V. ) 22 ) JASON NEEL; CNA EQUITY GROUP, INC., 23 professional corporation; a California 24 Corporation; CODY MOLICA, and ROES 1-50,) Inclusive, ) 25 ) Cross-Defendants. ) 26 ) ) 27 ) ) 28 ) I ANSWER BY DEFENDANT RVSHMYFILE, INC. TO FIRST AMENDED COMPLAINT RUSHMYFILE, INC., a California Corporation,) ) Cross-Complainant, ) ) ) V. ) ) CNA EQUITY GROUP, INC., a professional ) corporation; CODY MOLICA, an individual; ) DONALD SCHWARTZ, an individual; DEREK) WHEAT AKA MIGUEL WHEAT AKA SAM I ) WHEAT, an individual; and MOES 1-50, inclusive, ) ) Cross-Defendants ) ) ) 10 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD, IF ANY: 12 Defendant RUSHMYFILE, INC., a California Corporation; (" Defendant" ) by and 13 through its attorney, hereby submits its Answer in response to the First Amended Complaint 14 (hereinafter "Complaint" or "FAC") of JASON NEEL (" Plaintiff') as follows: 15 By virtue of the provisions of the Code of Civil Procedure section 431.30, Defendants 16 deny generally and specifically, each and every, all and singular, of the allegations contained in 17 each cause of action of the FAC. 18 AS FOR ITS SEPARATE AND AFFIRMATIVE DEFENSES, AS TO EACH AND 19 EVERY CAUSE OF ACTION, DEFENDANT ALLEGES AS FOLLOWS: 20 21 FIRST AFFIRMATIVE DEFENSE 22 (Failure to State a Cause of Action) 23 The Defendant alleges that the Plaintiff has failed to state facts sufficient to constitute any 24 cause of action against this Defendant. 25 26 SECOND AFFIRMATIVE DEFENSE 27 (Failure to Mitigate Damages) 28 The Defendant alleges that the Plaintiff s claims are barred in whole or in part because of 2 ANSWER BY DEFENDANT RUSHMYFILE, INC. TO FIRST AMENDED COMPLAINT the Plaintiff s failure to take reasonable steps to mitigate his damages, if any. THIRD AFFIRMATIVE DEFENSE (Statute of Limitations) The Defendant alleges that the Plaintiff's claims are barred by applicable statutes of 6 limitation, including but nor limited Io, Sections 337, 338, 339, 340(3) and 343 of the California Code of Civil Procedure. 9 FOURTH AFFIRMATIVE DEFENSE 10 (Defendant Acted in Good Faith) 11 This answering Defendant is excused from any and all liability under the facts alleged in 12 Plaintiff s claims for relief because at all material times this answering Defendant acted in good 13 faith and conducted all material transactions in good faith. 14 15 FIFTH AFFIRMATIVE DEFENSE 16 (Plaintiff Not Entitled To Relief) 17 This answering Defendant denies Plaintiff is entitled to any relief for which he prays. 18 19 SIXTH AFFIRMATIVE DEFENSE 20 (Plaintiff s Own Negligence) 21 Plaintiff's recovery, if any, must be proportionately reduced, as any injury or damage 22 allegedly suffered by Plaintiff occurred as a proximate result of negligence on his own part, in 23 that Plaintiff failed to exercise ordinary care on his own behalf at the times and places alleged. 24 25 SEVENTH AFFIRMATIVE DEFENSE 26 (Comparative Fault) 27 The Defendant alleges that the Plaintiff was careless and negligent with respect to some 28 3 ANSWER BY DEFENDANT RUSHMYFILE, INC. TO FIRST AMENDED COMPLAINT or all matters alleged by him in the FAC, and thus was comparatively at fault and proximately caused his own damages. Accordingly, any damages otherwise recoverable by the Plaintiff, if any, should be reduced in proportion to his own negligence. EIGHTH AFFIRMATIVE DEFENSE (Third Party Fault) The Defendant alleges that the damages complained of, if there were any, were proximately contributed to or caused by the carelessness, negligence, fault or defects resulting from acts(omissions of other named defendants and/or parties unknown to Defendant at this time, 10 and were not caused in any way by Defendant or by persons for whom this answering Defendant 11 is legally responsible. 12 13 NINTH AFFIRMATIVE DEFENSE 14 (Assumption of Risk) 15 Plaintiff, at all material times, calculated, knew and understood the risks inherent in the 16 situations, actions, omissions and transactions upon which he now bases his various claims for 17 relief, and with such knowledge, Plaintiff undertook and thereby assumed such risks and is 18 consequently barred from all recovery by such assumption of risk. 19 20 TENTH AFFIRMATIVE DEFENSE 21 (No Proximate Cause) 22 The acts and omissions of this answering Defendant, alleged in Plaintiffs claims for 23 relief were not a proximate cause of the loss or damage for which Plaintiff seeks recovery. 24 25 ELEVENTH AFFIRMATIVE DEFENSE 26 (Suffered No Damages/Lack of Ripeness) 27 The Defendant alleges that Plaintiff's claims are barred because Plaintiff suffered no 4 ANSWER BY DEFENDANT RIISHMYFILE, INC. TO FIRST AMENDED COMPLAINT damages as a result of the allegations in the FAC and/or any damages Plaintiff may suffer in the future have not been incurred as of the date of this Answer and therefore his claim is not ripe. 4 TWELFTH AFFIRMATIVE DEFENSE 5 (Right to Indemnity) 6 Defendant alleges that if it should be established that this Defendant is in any manner 7 legally responsible for Plaintiff's alleged damages, which Defendant denies, Defendant would be 8 entitled to indemnity and/or contribution from co-defendants in direct proportion to their 9 negligence or other actionable conduct which proximately caused or contributed to the alleged 10 damages. 11 12 THIRTEENTH AFFIRMATIVE DEFENSE 13 (No Punitive Damages) 14 Defendant alleges that any claim for punitive damages or exemplary damages is barred 15 by the Fourteenth Amendment to the Constitution of the United States, and is otherwise without 16 factual or statutory basis. 17 18 FOURTEENTH AFFIRMATIVE DEFENSE 19 (No Costs or Attorneys'ees) 20 Defendant alleges that Plaintiff is not entitled to recovery of attorneys'ees by law as 21 Plaintiff has not alleged any statute or contract which entitles it to attorneys'ees in the FAC. 22 23 FIFTEENTH AFFIRMATIVE DEFENSE 24 (Laches) 25 Defendant alleges that Plaintiff has unreasonably delayed in bringing his FAC and, as a 26 result, witnesses and documents have become unavailable that are instrumental to the 27 Defendant's ability to defend itself in this matter. In effect, Plaintiff s claims are stale and equity 28 5 ANSWER BY DEFENDANT RUSHMYFILE, INC. TO FIRST AMENDED COMPLAINT demands Plaintiff not recover on the claims they unreasonably delayed in bringing. SIXTEENTH AFFIRMATIVE DEFENSE (Lack of Capacity) Defendant alleges that Plaintiff lacks the mental capacity to bring the FAC and that, further, his attorneys have not been properly substituted in as attorneys of record to represent him in any event, even if Plaintiff did have the mental capacity to legally retain them which Defendant asserts Plaintiff may not have. 10 SEVENTEENTH AFFIRMATIVE DEFENSE (Acquiescence/Estoppel/Waiver) 12 Defendant alleges that, by principles of acquiescence and/or estoppel and/or waiver, 13 Plaintiff is not entitled to recovery on the facts alleged in his FAC. 14 15 EIGHTEENTH AFFIRMATIVE DEFENSE 16 (No Alter Ego Liability) 17 No facts have been alleged by Plaintiff to permit recovery under an "alter ego" theory 18 and no answering Defendant herein can therefore be held liable for the alleged bad acts of any 19 other answering Defendant herein. 20 21 NINETEENTH AFFIRMATIVE DEFENSE 22 (Additional Defenses) 23 This answering Defendant is informed and believes, and based thereon alleges that there 24 may be other applicable affirmative defenses not alleged herein because of facts not yet known 25 to this answering Defendant, and Defendant reserves all rights to supplement or amend its 26 answer and affirmative defenses as they become known to the Defendant and/or its attorneys. 27 28 6 ANSWER BY DEFENDANT RUSHMYFILE, INC. TO FIRST AMENDED COMPLAINT WHEREFORE, this Defendant prays for judgment as follows: 1. That the Plaintiff recover nothing on account of the claims made in his FAC; 2. That the Defendant be awarded costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: March 16, 2023 MARK J. SARNI ATTO Male J. Sami, Esq. Attorney for Defendant and Cross- 10 Complainant, RUSHMYFILE, INC. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ANSWER BY DEFENDANT RUSHMYFILE, INC. TO FIRST AMENDED COMPLAINT 1 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 4 I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 3424 Carson Street, Suite 350, Torrance, CA 90503. 6 On March 20, 2023, I served the following documents by the means indicated below: 7 1. ANSWER OF DEFENDANT RUSHMYFILE, INC. TO FIRST 8 AMENED COMPLAINT OF PLAINTIFF JASON NEEL; 2. CROSS-COMPLAINT OF RUSHMYFILE, INC. AGAINST CROSS- DEFENDANTS CNA EQUITY GROUP, INC.; CODY MOLICA; 10 DONALD SCHWARTZ; DEREK WHEAT AKA MIGUEL WHEAT AKA SAM WHEAT; and, 12 3. ANSWER OF CROSS-DEFENDANT RUSHMYFILE, INC. TO CROSS-COMPLAINT OF CROSS-COMPLAINANT UNITED 13 STATES REAL ESTATE CORPORATION 14 on the interested parties as follows by the following means: 15 (See Attached Service List) (BY OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's 17 practice of collection and processing correspondence for mailing. Under that practice it would be deposited with Fed Express on that same day with postage 18 thereon fully prepaid at Torrance, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal 19 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 20 (BY MAIL) As follows: I am "readily familiar" with the firm's practice of 21 collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage 22 thereon fully prepaid at Torrance, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal 23 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 24 (BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED). I deposited these papers with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the notice was 26 mailed. I used certified mail and requested a return receipt. The envelope was addressed and mailed to the other party as follows: 27 (I) Name: CASE NO. 22CV01758 PROOF OF SERVICE (2) Address on envelope: (3) Date Mailed: (4) Place of mailing (city, state): 4 (BY PERSONAL SERVICE) I delivered such envelope by first class mail to the Santa Clara County Sheriffs Office with Instructions to personally serve the above identified parties at the address identified or at such other address as the Santa Clara County Sheriff s Office can locate the above identified parties. 7 (BY FAX) As follows: On at approximately p.m. by use of facsimile machine number (310) 214-7254, I served a copy of the foregoing on the interested parties in this action by transmitting by facsimile machine to the following: [C.C.P. tj 1013(e)] SEE ATTACHED SERVICE LIST io H (BY E-MAIL OR ELECTRONIC TRANSMISSION) As follows: I caused a copy of the document(s) to be sent from e-mail address southbavadrQvmail.corn to the persons at the e-mail addresses listed below. I did not receive, within reasonable time after the transmission, any electronic message or other indication 12 that the transmission was unsuccessful. The following parties were served 13 electronically at the following email addresses: 14 H (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Is (FEDERAL) I declare that I am employed in the office of a member of the bar of 16 this court at whose direction the service was made. 17 Executed on March 20, 2023, at Torrance, California. 18 19 MARK J. SARNI 20 21 22 23 24 25 26 27 28 CASE NO. 22CV01758 PROOF OF SERVICE SERVICE LIST Thornton Davidson, Esq. Attorney for Plaintiff, Jason Neel THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, CA 93711 thorntonSthorntondavidsonlaw.corn Pamela D. Simmons, Esq. Attorneys for Plaintiff, Jason Neel William Purdy, Esq. LAW OFFICE OF SIMMONS & PURDY 2425 Porter Street, Suite 10 Soquel, CA 95073 namelaSnamelalaw.corn bill&namelalaw.corn 10 Jeffrey H. Lowenthal, Esq. Attorneys for Defendant and Cross- Edward Egan Smith, Esq. Complainant, United States Real Estate Matthew W. Delbridge, Esq. Corporation 12 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH 13 LLP 235 Pine Street, 15'" Floor 14 San Francisco, CA 94104 i lowenthal@steverlaw.corn 15 esmith&steverlaw.corn mdelbridaeRsteverlaw.corn 16 17 Edward T. Weber, Esq. Attorney for Defendants Superior Loan Law Office of Edward T. Weber Servicing and Asset Default Management, 18 17151 Newhope Street, Suite 203 Inc. 19 Fountain Valley, CA 92708 ed weberleaal.corn 20 21 Michael T. Beuselinck, Esq. Attorney for Defendant and Cross-Defendant, Michal Beuselinck, P.S. CNA Equity Group, Inc. 22 490 43'treet ¹37 Oakland, CA 94609 23 mike@lawmtb.corn 24 Cody Molica Defendant and Cross-Defendant, In Pro Per 1029 North Road ¹175 25 Westfield, MA 01085 cmolica1 l@gmail.corn 26 28 CASE NO. 22CV01758 PROOF OF SERVICE