Preview
1 Cody Molica
1029 North Road, #175
2
Westfield, MA 01085
3 (619) 693-7896
cmolica11@gmail.com
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Cross-Defendant in Pro Per
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SANTA CRUZ
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9 JASON NEEL Case No.: 22CV01758
10 Plaintiff,
11 vs. REPLY DECLARATION OF CODY
MOLICA RE FILING PAST DEADLINE
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SUPERIOR LOAN SERVICING; ASSET CCP § 473
13 DEFAULT MANAGEMENT, INC., UNITED
DEPT. 5
STATES REAL ESTATE CORPORATION;
14 ACTION FILED 08/16/2022
CNA EQUITIES GROUP, LLC; AND HON. TIMOTHY VOLKMANN
15 RUSHMYFILE, BUSINESS ENTITY FORM
UNKNOWN, and VIGIL REAL ESTATE, HEARING: 5/25/23
16 BUSINESS ENTITY FORM UNKNOWN and TIME: 9AM
17 DOES 1-50, inclusive, Defendants.
UNLIMITED CIVIL ACTION
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19 UNITED STATES REAL ESTATE
CORPORATION, Cross-Complainant,
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21 v.
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JASON NEEL, CNA EQUITY GROUP, INC, a
23 professional corporation, RUSHMYFILE, INC,
a California corporation, CODY MOLICA, and
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ROES 1-50, inclusive,
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Cross-Defendants.
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27
28 1
DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS
1 I, CODY MOLICA, DECLARES AS FOLLOWS:
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1. The following is my own testimony which I could and would testify to if called upon.
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The following is of my own personal knowledge, except that information asserted on
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information and belief, and to this knowledge I believe it to be true.
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6 2. On May 18, 2023, I caused to be filed with the e-file provider www.onelegal.com my
7 reply memorandum of points and authorities, and declarations in support.
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3. On May 19, 2023, I caused to be filed with the efile provider www.onelegal.com my
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proof of service (electronic) with the efile provider www.onelegal.com.
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4. On May 19, 2023, I received an email from www.onelegal.com with a note from the
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12 superior court clerk rejecting both filings.
13 5. The first email stated: “Reply in support of mx quash Message from the court clerk:
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1. Requires proof of service. 2. Please separate each document and file in the same
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envelope.” A true and correct copy of this email is attached to this declaration and
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marked Exhibit “B”.
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18 6. The second email stated: “Proof of service [electronic] Message from the court clerk:
19 Please file into same envelope as the motion.” A true and correct copy of this email is
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attached to this declaration and marked Exhibit “C”.
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7. I believe it was error to reject the reply papers because they lacked a proof of service.
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I believe it was error to reject the proof of service because it was not filed at the same
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24 time as the reply memorandum. The proof of service could not be attested to until
25 after the transaction which serves the documents had been completed. This is the
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manner in which onelegal and the eserve process of onelegal operates as it affects the
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end user, me.
28 2
DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS
1 8. Reply papers must be filed at least five “court” days before the hearing date and the
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subsequently re-filed reply papers will now be late. Had the reply papers not be
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rejected, they would not have been late. For these reasons, the court is requested to
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accept the reply papers as not late on the grounds of mistake, inadvertence or
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6 excusable neglect.
7 I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
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Dated: May 19, 2023
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/S/ CODY MOLICA
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28 3
DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS
Exhibit "B" Cody Molica
eFiling rejected for Jason NeelvsSuperior Loan Servicing, et al
2 messages
noreply@onelegal.com Fri, May 19, 2023 at 9:11 AM
To: cmolica11@gmail.com
eFiling Rejected by Court Clerk
Order # 20447716
Submitted 5/18/2023 11:59 PM PT by Cody Molica
Jason NeelvsSuperior Loan Servicing, et al
Case
#22CV01758
Superior Court of California, Santa Cruz County
Court
(Santa Cruz)
Court transaction # 12015839
Message from the court clerk
Rejected Documents
• Reply in support of mx quash
Message from the court clerk: 1. Requires proof of service. 2. Please separate each document and
file in the same envelope.
What happens next?
Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a
new order.
Thank you,
The One Legal Team
How are we doing? Share your feedback.
You are receiving this email in response to an order that was placed on www.onelegal.com
Please do not reply to this email. Get help on our Support Center or by contacting Customer Support.
InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954
noreply@onelegal.com Fri, May 19, 2023 at 9:12 AM
To: cmolica11@gmail.com
eFiling Rejected by Court Clerk
Order # 20447733
Submitted 5/19/2023 12:15 AM PT by Cody Molica
Jason NeelvsSuperior Loan Servicing, et al
Case
#22CV01758
Superior Court of California, Santa Cruz County
Court
(Santa Cruz)
Court transaction # 12015851
Message from the court clerk
Rejected Documents
• Proof of service [electronic]
Message from the court clerk: Please file into same envelope as the motion.
What happens next?
Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a
new order.
Thank you,
The One Legal Team
How are we doing? Share your feedback.
You are receiving this email in response to an order that was placed on www.onelegal.com
Please do not reply to this email. Get help on our Support Center or by contacting Customer Support.
InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954
Exhibit "C" Cody Molica
eFiling rejected for Jason NeelvsSuperior Loan Servicing, et al
noreply@onelegal.com Fri, May 19, 2023 at 9:12 AM
To: cmolica11@gmail.com
eFiling Rejected by Court Clerk
Order # 20447733
Submitted 5/19/2023 12:15 AM PT by Cody Molica
Jason NeelvsSuperior Loan Servicing, et al
Case
#22CV01758
Superior Court of California, Santa Cruz County
Court
(Santa Cruz)
Court transaction # 12015851
Message from the court clerk
Rejected Documents
• Proof of service [electronic]
Message from the court clerk: Please file into same envelope as the motion.
What happens next?
Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a
new order.
Thank you,
The One Legal Team
How are we doing? Share your feedback.
You are receiving this email in response to an order that was placed on www.onelegal.com
Please do not reply to this email. Get help on our Support Center or by contacting Customer Support.
InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954
Preview
1 Cody Molica 1029 North Road, #175 2 Westfield, MA 01085 3 (619) 693-7896 cmolica11@gmail.com 4 Cross-Defendant in Pro Per 5 6 SUPERIOR COURT OF CALIFORNIA 7 COUNTY OF SANTA CRUZ 8 9 JASON NEEL Case No.: 22CV01758 10 Plaintiff, 11 vs. REPLY DECLARATION OF CODY MOLICA RE FILING PAST DEADLINE 12 SUPERIOR LOAN SERVICING; ASSET CCP § 473 13 DEFAULT MANAGEMENT, INC., UNITED DEPT. 5 STATES REAL ESTATE CORPORATION; 14 ACTION FILED 08/16/2022 CNA EQUITIES GROUP, LLC; AND HON. TIMOTHY VOLKMANN 15 RUSHMYFILE, BUSINESS ENTITY FORM UNKNOWN, and VIGIL REAL ESTATE, HEARING: 5/25/23 16 BUSINESS ENTITY FORM UNKNOWN and TIME: 9AM 17 DOES 1-50, inclusive, Defendants. UNLIMITED CIVIL ACTION 18 19 UNITED STATES REAL ESTATE CORPORATION, Cross-Complainant, 20 21 v. 22 JASON NEEL, CNA EQUITY GROUP, INC, a 23 professional corporation, RUSHMYFILE, INC, a California corporation, CODY MOLICA, and 24 ROES 1-50, inclusive, 25 Cross-Defendants. 26 27 28 1 DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS 1 I, CODY MOLICA, DECLARES AS FOLLOWS: 2 1. The following is my own testimony which I could and would testify to if called upon. 3 The following is of my own personal knowledge, except that information asserted on 4 information and belief, and to this knowledge I believe it to be true. 5 6 2. On May 18, 2023, I caused to be filed with the e-file provider www.onelegal.com my 7 reply memorandum of points and authorities, and declarations in support. 8 3. On May 19, 2023, I caused to be filed with the efile provider www.onelegal.com my 9 proof of service (electronic) with the efile provider www.onelegal.com. 10 4. On May 19, 2023, I received an email from www.onelegal.com with a note from the 11 12 superior court clerk rejecting both filings. 13 5. The first email stated: “Reply in support of mx quash Message from the court clerk: 14 1. Requires proof of service. 2. Please separate each document and file in the same 15 envelope.” A true and correct copy of this email is attached to this declaration and 16 marked Exhibit “B”. 17 18 6. The second email stated: “Proof of service [electronic] Message from the court clerk: 19 Please file into same envelope as the motion.” A true and correct copy of this email is 20 attached to this declaration and marked Exhibit “C”. 21 7. I believe it was error to reject the reply papers because they lacked a proof of service. 22 I believe it was error to reject the proof of service because it was not filed at the same 23 24 time as the reply memorandum. The proof of service could not be attested to until 25 after the transaction which serves the documents had been completed. This is the 26 manner in which onelegal and the eserve process of onelegal operates as it affects the 27 end user, me. 28 2 DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS 1 8. Reply papers must be filed at least five “court” days before the hearing date and the 2 subsequently re-filed reply papers will now be late. Had the reply papers not be 3 rejected, they would not have been late. For these reasons, the court is requested to 4 accept the reply papers as not late on the grounds of mistake, inadvertence or 5 6 excusable neglect. 7 I declare under penalty of perjury under the laws of the State of California that the 8 foregoing is true and correct. 9 Dated: May 19, 2023 10 /S/ CODY MOLICA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF CODY MOLICA RE TIMELINESS OF THE REPLY PAPERS Exhibit "B" Cody Molica eFiling rejected for Jason NeelvsSuperior Loan Servicing, et al 2 messages noreply@onelegal.com Fri, May 19, 2023 at 9:11 AM To: cmolica11@gmail.com eFiling Rejected by Court Clerk Order # 20447716 Submitted 5/18/2023 11:59 PM PT by Cody Molica Jason NeelvsSuperior Loan Servicing, et al Case #22CV01758 Superior Court of California, Santa Cruz County Court (Santa Cruz) Court transaction # 12015839 Message from the court clerk Rejected Documents • Reply in support of mx quash Message from the court clerk: 1. Requires proof of service. 2. Please separate each document and file in the same envelope. What happens next? Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a new order. Thank you, The One Legal Team How are we doing? Share your feedback. You are receiving this email in response to an order that was placed on www.onelegal.com Please do not reply to this email. Get help on our Support Center or by contacting Customer Support. InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954 noreply@onelegal.com Fri, May 19, 2023 at 9:12 AM To: cmolica11@gmail.com eFiling Rejected by Court Clerk Order # 20447733 Submitted 5/19/2023 12:15 AM PT by Cody Molica Jason NeelvsSuperior Loan Servicing, et al Case #22CV01758 Superior Court of California, Santa Cruz County Court (Santa Cruz) Court transaction # 12015851 Message from the court clerk Rejected Documents • Proof of service [electronic] Message from the court clerk: Please file into same envelope as the motion. What happens next? Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a new order. Thank you, The One Legal Team How are we doing? Share your feedback. You are receiving this email in response to an order that was placed on www.onelegal.com Please do not reply to this email. Get help on our Support Center or by contacting Customer Support. InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954 Exhibit "C" Cody Molica eFiling rejected for Jason NeelvsSuperior Loan Servicing, et al noreply@onelegal.com Fri, May 19, 2023 at 9:12 AM To: cmolica11@gmail.com eFiling Rejected by Court Clerk Order # 20447733 Submitted 5/19/2023 12:15 AM PT by Cody Molica Jason NeelvsSuperior Loan Servicing, et al Case #22CV01758 Superior Court of California, Santa Cruz County Court (Santa Cruz) Court transaction # 12015851 Message from the court clerk Rejected Documents • Proof of service [electronic] Message from the court clerk: Please file into same envelope as the motion. What happens next? Review the attached Rejection Notice from the court. You can re-file corrected documents by placing a new order. Thank you, The One Legal Team How are we doing? Share your feedback. You are receiving this email in response to an order that was placed on www.onelegal.com Please do not reply to this email. Get help on our Support Center or by contacting Customer Support. InfoTrack US, Inc. 1400 North McDowell Blvd., Suite 300, Petaluma, CA 94954