Document for MARILYN DINSMORE VS OCWEN LOAN SERVICING, ET AL.

• 
• 

						
                                
Preview
                                Electronically FILED by Superior Court of California, County of Los Angeles on 01/10/2020 10:47 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Scott,Deputy Clerk



                  1      ERIC D. HOUSER (SBN 130079)
                         JEFFREY S. ALLISON (SBN 173620)
                  2      HOUSER & ALLISON, APC
                         9970 Research Drive
                  3
                         Irvine, California 92618
                  4      Telephone: (949) 679-1111
                         Facsimile: (949) 679-1112
                  5      Email: jallison@houser-law.com
                  6      Attorneys for Defendants PHH MORTGAGE CORPORATION, successor to OCWEN LOAN
                         SERVICING, LLC; and U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
                  7
                         LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2N
                  8
                                                   SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                  9
                                               COUNTY OF LOS ANGELES, NORTH CENTRAL DISTRICT
                10

                11       MARILYN DINSMORE,                         )                                   Case No.: EC069124
                                                                   )
                12                             Plaintiff,          )                                   Dept. A
                                                                   )
                13          vs.                                    )                                   Hon. William D. Stewart
                                                                   )
                14       ONEWEST BANK, a division of CIT BANK )                                        OBJECTIONS TO PLAINTIFF’S
                15       N.A., a Delaware corporation and national )                                   REQUEST FOR JUDICIAL NOTICE IN
                         banking association; U.S. BANK NATIONAL )                                     OPPOSITION TO DEMURRER TO
                16       ASSOCIATION AS TRUSTEE FOR                )                                   THIRD AMENDED COMPLAINT
                         LEHMAN XS TRUST MORTGAGE PASS- )
                17       THROUGH CERTIFICATES, SERIES 2006- )                                          DATE:          January 17, 2019
                         2N; OCWEN LOAN SERVICING, LLC, and )                                          TIME:          8:30 a.m.
                18       DOES 1-50, INCLUSIVE,                     )                                   DEPT.:         A
                19                                                 )
                                               Defendants.         )
                20                                                 )

                21

                22                  Defendants lodge the following objections to Plaintiff’s Request for Judicial Notice

                23       (“RJN”) and Exhibits filed with her Opposition to the Demurrer to Plaintiff’s Third Amended

                24       Complaint (“TAC”).

                25                  Judicial notice may be taken of the existence of properly noticeable documents, such as

                26       public records, but may not take notice of the truth of the matter asserted therein. See, Evid.

                27       Code § 452; Blank v. Kirwan (1985) 39 Cal.App.3d 311, 318, 216 Cal.Rptr. 718, 721 (public

                28       records and documents alleged or central to the allegations in a complaint). A party must
                                                                                          OBJECTION

                                                                                                   1