On April 30, 2019 a
Party Notice
was filed
involving a dispute between
Whisler, Denise,
and
Bohart, Bonnie,
Bohart, Randy,
Herring, Michele,
Jp Morgan Chase Bank, Na,
Jpmorgan Chase Bank, Na,
Mabudian, Mohsen,
Redfin Corporation,
Wright, Finlay And Zak Llp,
Wright, Finley And Zak, Llp Attorneys At Law,
for Unlimited Civil Complaint - Real Property
in the District Court of San Bernardino County.
Preview
WRIGHT, FINLAY & ZAK, LLP
Michael J. Gilligan, Attorney, SBN 115658
4665 MacArthur Court, Suite 200 F L E
I
SUPER'OR COURTOFC.
NewP ort Beach CA 92660, COUNTY OF SAN REC? Au.pORNIA
Tel: (949) 477—5050; Fax: (949) 608—9142 SAN BERumpmi;a'b?ii“r7§?é’¥0
mgilligan@wrightlegal.net
JAN 05 2023 flb
\OOONONUIAUJNu—n
Attorney for
WRIGHT, FINLAY & ZAK
Plaintiff,
BY mefi 4
;_~{;:_g;$_
LAURA BRUCK,
DEPUTY
,iggffa
/
,
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
DR. DENISE WHISLER, IN PRO PER, Case No.2 CIVDSI913252 I
Hon. Wlnston Keh, Dept. S33
Plaintiff,
vs. RESPONSE BY WRIGHT, FINLAY &
ZAK TO PLAINTIFF’S NOTICE OF
WRIGHT, FINLAY AND ZAK, LLP MOTION FOR: INTENT TO MAKE A
ATTORNEYS AT LAW and DOES L10 MOTION TO SET ASIDE AND VACATE
. . DISMISSAL JUDGMENT AND REPLACE
mcluswe’ WITH DEFAULT JUDGMENTS
AGAINST DEFENDANTS WRIGHT,
Defendants. FINLAY & ZAK, LLP AND JPMORGAN
CHASE BANK, N.A. PURSUANT TO CCP
NNNNNNNNNI—Ip—‘Hu—‘b—AHHp—tl—‘t—I
SECTION 663, 663A; DECLARATION OF
M. GILLIGAN
Date: January 19, 2023
OONQM-bWNHOKOmNQLh-RWNHO
Time: 8:30 AM
Dept: S-33
T0 THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
Defendant Wright, Finlay & Zak, LLP hereby responds to the pending Notice of Motion by
PlaintiffDr. Denise Whisler (“Dr. Whisler”) for Plaintiff s Notice of Motion for: Intent to Make a
Motion to Set Aside and Vacate Dismissal Judgment and Replace with Default Judgments Against
Defendants Wright, Finlay & Zak, LLP and JPMorgan Chase Bank, N.A. Pursuant to CCP Section 663,
I
663A
///
1
RESPONSE BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S NOTICE OF MOTION FOR:
INTENT TO MAKE A MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT
FACTS, STATUS OF CASE, AND RESPONSE TO CLAIMS, ALLEGATION BY PLAINTIFF
Wright Finlay and Zak was served with the Complaint in this action by Dr. Whisler on or about
June 5, 2019. Attached Declaration of Michael J. Gilligan (“MG Dec.”) paragraph 2. The complaint is
impossible to understand, being a stream of consciousness statement of claims that the foreclosure was
wrongful. On June 28, 2019, counsel for Wright Finlay & Zak called for Dr. Whisler and sent her an e-
\OOO\IO\UI4>DJNH
mail that there would need to be a meet and confer before a Demurrer and Motion to Strike would be
filed. After a meet & confer, Dr. Whisler agreed to file an Amended Complaint. Thereafter counsel for
Wright Finlay & Zak repeatedly corresponded with Dr. Whisler and obtained successive agreements from
her that no default would be sought against Wright Finlay & Zak as she intended to file an Amended
Complaint. MG Dec., paragraph 3.
In the meantime, Dr. Whisler filed an Amendment to Complaint on November 27, 2019, adding
JP Morgan Chase Bank, NA (“CHASE”) as Does l. CHASE then entered the case and thereafter the
focus of Dr. Whisler’s efforts in this case were against CHASE. MG Dec., paragraph 4. On May 1, 2020,
CHASE filed and served a Demurrer to the Complaint. The hearing date on the Demurrer was July 7,
2020. Plaintiff did not file opposition to the Demurrer although she did appear at the hearing. On July 7,
2020, the Court sustained the Demurrer with 30 days leave to amend. CHASE served a notice of ruling
on the Demurrer on Plaintiff on July 8, 2020. MG Dec., paragraph 5 and Exhibit “A” attached hereto.
On August 11, 2020, Plaintiff filed two motions and a hearing date of October 16, 2020, was set.
The motions purported to request that the Court vacate its ruling both on the Request for Judicial Notice
and the Demurrer heard on July 7, 2020. MG Dec., paragraph 6 and Exhibit “A” attached hereto.
Plaintist motions were denied as untimely. Judge Frangie found that Code ofCivz'l Procedure
NNNNNNNNNHr—‘HH
§663 and 663a were not applicable as no judgment in the action had been entered and, in any event, the
motion should have been filed no later than 15 days following service of the Court’s ruling on July 8,
2020. Judge Frangie also noted that if the Court considered the motions a request for reconsideration
under Code osz'vil Procedure §1008, the motions remained untimely and not in compliance with those
sections. Finally, Judge‘Frangie found that there was no prejudice suffered by Dr. Whisler with the
Court’s ruling on July 7, 2020, because leave to amend was granted to Plaintiff. MG Dec., paragraph 7
and Exhibit “A” attached hereto.
2
RESPONSE BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S NOTICE OF MOTION FOR:
INTENT TO MAKE A MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT
Preview
WRIGHT, FINLAY & ZAK, LLP Michael J. Gilligan, Attorney, SBN 115658 4665 MacArthur Court, Suite 200 F L E I SUPER'OR COURTOFC. NewP ort Beach CA 92660, COUNTY OF SAN REC? Au.pORNIA Tel: (949) 477—5050; Fax: (949) 608—9142 SAN BERumpmi;a'b?ii“r7§?é’¥0 mgilligan@wrightlegal.net JAN 05 2023 flb \OOONONUIAUJNu—n Attorney for WRIGHT, FINLAY & ZAK Plaintiff, BY mefi 4 ;_~{;:_g;$_ LAURA BRUCK, DEPUTY ,iggffa / , SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO DR. DENISE WHISLER, IN PRO PER, Case No.2 CIVDSI913252 I Hon. Wlnston Keh, Dept. S33 Plaintiff, vs. RESPONSE BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S NOTICE OF WRIGHT, FINLAY AND ZAK, LLP MOTION FOR: INTENT TO MAKE A ATTORNEYS AT LAW and DOES L10 MOTION TO SET ASIDE AND VACATE . . DISMISSAL JUDGMENT AND REPLACE mcluswe’ WITH DEFAULT JUDGMENTS AGAINST DEFENDANTS WRIGHT, Defendants. FINLAY & ZAK, LLP AND JPMORGAN CHASE BANK, N.A. PURSUANT TO CCP NNNNNNNNNI—Ip—‘Hu—‘b—AHHp—tl—‘t—I SECTION 663, 663A; DECLARATION OF M. GILLIGAN Date: January 19, 2023 OONQM-bWNHOKOmNQLh-RWNHO Time: 8:30 AM Dept: S-33 T0 THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Defendant Wright, Finlay & Zak, LLP hereby responds to the pending Notice of Motion by PlaintiffDr. Denise Whisler (“Dr. Whisler”) for Plaintiff s Notice of Motion for: Intent to Make a Motion to Set Aside and Vacate Dismissal Judgment and Replace with Default Judgments Against Defendants Wright, Finlay & Zak, LLP and JPMorgan Chase Bank, N.A. Pursuant to CCP Section 663, I 663A /// 1 RESPONSE BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S NOTICE OF MOTION FOR: INTENT TO MAKE A MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT FACTS, STATUS OF CASE, AND RESPONSE TO CLAIMS, ALLEGATION BY PLAINTIFF Wright Finlay and Zak was served with the Complaint in this action by Dr. Whisler on or about June 5, 2019. Attached Declaration of Michael J. Gilligan (“MG Dec.”) paragraph 2. The complaint is impossible to understand, being a stream of consciousness statement of claims that the foreclosure was wrongful. On June 28, 2019, counsel for Wright Finlay & Zak called for Dr. Whisler and sent her an e- \OOO\IO\UI4>DJNH mail that there would need to be a meet and confer before a Demurrer and Motion to Strike would be filed. After a meet & confer, Dr. Whisler agreed to file an Amended Complaint. Thereafter counsel for Wright Finlay & Zak repeatedly corresponded with Dr. Whisler and obtained successive agreements from her that no default would be sought against Wright Finlay & Zak as she intended to file an Amended Complaint. MG Dec., paragraph 3. In the meantime, Dr. Whisler filed an Amendment to Complaint on November 27, 2019, adding JP Morgan Chase Bank, NA (“CHASE”) as Does l. CHASE then entered the case and thereafter the focus of Dr. Whisler’s efforts in this case were against CHASE. MG Dec., paragraph 4. On May 1, 2020, CHASE filed and served a Demurrer to the Complaint. The hearing date on the Demurrer was July 7, 2020. Plaintiff did not file opposition to the Demurrer although she did appear at the hearing. On July 7, 2020, the Court sustained the Demurrer with 30 days leave to amend. CHASE served a notice of ruling on the Demurrer on Plaintiff on July 8, 2020. MG Dec., paragraph 5 and Exhibit “A” attached hereto. On August 11, 2020, Plaintiff filed two motions and a hearing date of October 16, 2020, was set. The motions purported to request that the Court vacate its ruling both on the Request for Judicial Notice and the Demurrer heard on July 7, 2020. MG Dec., paragraph 6 and Exhibit “A” attached hereto. Plaintist motions were denied as untimely. Judge Frangie found that Code ofCivz'l Procedure NNNNNNNNNHr—‘HH §663 and 663a were not applicable as no judgment in the action had been entered and, in any event, the motion should have been filed no later than 15 days following service of the Court’s ruling on July 8, 2020. Judge Frangie also noted that if the Court considered the motions a request for reconsideration under Code osz'vil Procedure §1008, the motions remained untimely and not in compliance with those sections. Finally, Judge‘Frangie found that there was no prejudice suffered by Dr. Whisler with the Court’s ruling on July 7, 2020, because leave to amend was granted to Plaintiff. MG Dec., paragraph 7 and Exhibit “A” attached hereto. 2 RESPONSE BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S NOTICE OF MOTION FOR: INTENT TO MAKE A MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT