Party Notice: WHISLER-V-WRIGHT, FINLEY AND ZAK Print

• 
• 
• 
• 

						
                                
Preview
                                s




                                                                                       SUPERIOR
                                                                                              COURT     OF D IFORNIA
        DR DENISE DEE WHISLER                                                           COUNTY OF SAN BERNARDINO
    1                                                                                    SAN BERNARDINO DISTRICT
        3405 HIDALGO DRIVE
        SAN BERNARDINO CA 92404 2035                                                         NOV 12 2019
    2
        Cell       909 882 3655 Email drlwhisler@gmail com
    3   Plaintiff In Pro Per                                                      gy                   G G iI    tt
                                                                                          DANIEL       IERI EIN DEPUTY
    4
                                           SUPERIOR COURT OF CALIFORNIA
    5
                                            COUNTY OF SAN BERNARDINO


    6

        DR DENISE WHISLER In Pro Per                 Case No       CNDS 1913252


                              Plaintiff              MEMORANDUM OF POINTS                           AUTHORITIES BY

    8
                                                     DR DENISE WHISLER IN SUPPORT OF EXPARTE
                       vs                            MOTION FOR STAY OF JUDGEMENT AND

    9
                                                     EXECUTIONS UNTIL RENDITION BY THE MOST
        WRIGHT FINLAY AND ZAK LLP                    HONORABLE COURT JUDGE FOR CASE NUMBER

lo      and    DOES 1 50 inclusive                   CIVDS1913252
                                                      1 STAY OF JLTDGEMENT FOR UD                       UDFS1902254
                                                        A STAY OF EXECUTION OF EVICTION LOCKOUT
11                           Defendants
                                                          SCHEDULED FOR NOVEMBER 13                      2019 6 Olam

12                                                        or any date thereafter before rendition of court case
                                                        B STAY OF UD PAYMENT OF                  7 306 00

13
                                                      2 STAY OF EXECUTION OF ANY AND ALL

14
                                                        ACTIONS INCLUDING BUT NOT LIMITED TO
                                                         A   ANY SALE OF 1224 MAGNOLIA AVE

                                                         B   ANY SALE OF 1225 BROOKSIDE AVE
15
                                                         C   ANY SALE OR OTHERWISE OF ANY WHISLER
                                                             PERSONAL BELONGINGS FURNITURE NATURE
16
                                                             PLANTS             ANIMALS

l                                                        D   ANY TRESPASSING DAMAGING REMOVING
                                                             ANYTHING FROM 1225 BROOKSIDE AVE                         WHICH

                                                             INCLUDES 1224 MAGNOLIA AVE
18



                                                     Related Case UDFS 1902254
19


                                                     Defense        Civ Code Section 2924 subd           a   1
20
                                                                   Code Civ Proc         Section 367

21                                                                 California Homeowner Bill of Rights enacted 2012


ZZ
                                                     Complaint Filed            AERI 30 2O t9
                                                               i   v   5                   If
23
                                                     Date                  ay   ovember    3 20 1
                                                     Time    8 30

24
                                                     Dept    S29


25



z6
        TO HONORABLE JUDGE OF THE SAN BERNARDINO COUNTY SUPERIOR COURT

27
               1       Comes now Dr Denise Dee Whisler due to exigent circumstances which require immediate
2s

                                                               1
        CIVDS1913252         MEMORANDUM OF POINTS      AUTHORITIES BY DR DENISE WHISLER IN SUPPORT OF
        EXPARTE MOTION FOR STAY OF JUDGEMENT AND EXECUTIONS UNTIL RENDITION BY THE MOST
        HONORABLE COURT JUDGE FOR CASE NUMBER CIVDS1913252                         By Dr Denise Whisler l llll 2019
    1   STAY actions to humble plead for Court Judgement in favor of Plaintiff

    2          2   Plaintiff is Dr Denise Dee Whisler I am over the age of 18 have served two U S Federal tours

    s   as a   Commissioned Officer     a California Veteran and I am a legal resident of California I have a Docto


    4   of Public Health degree in Health Promotion and Education with Doctoral Cognates in Epidemiology an

    5   Business Health Administration I am a research scientist epidemiologist health professional and

    5   educator I love nature and the preservation of species and my address is Dr Denise Whisler 3405

        Hidalgo Dr San Bernardino CA 92404 2035 The facts set forth herein are of my own personal

    s
        knowledge and if sworn I could and would competently testify thereto

    9


io                                                    INTRODUCTION


1i             3   PlaintiffDr Denise Whisler humbly submits her MEMORANDUM OF POINTS

i2      AUTHORITIES BY DR DENISE WHISLER IN SUPPORT OF EXPARTE MOTION FOR STAY


is      OF JUDGEMENT AND EXECUTIONS UNTIL RENDITION BY THE MOST HONORABLE


i4      COURT JUDGE FOR CASE NUMBER CIVDS19132528


i 5            4   Dr Whisler humbly requests that all of her Exparte Motion be included herefor as if stated in

i 6
        entirety and accepted by Court

i                                                            ARGUMENT


is                                                 Civ Code Section 2924 subd      a 1


i a
                   5 Only the original beneficiary its assignee or an agent of one of these has the authority to

2o
        complete a nonjudicial foreclosure sale If a purported assignment necessary to the chain by which the

2i
        foreclosing entity claims that power is absolutely void meaning of no legal force or effect whatsoever

22
        the foreclosing entity has acted without legal authority by pursing a trustee s sale and such an
23      unauthorized sale constitutes a wrongful foreclosure


24
                   6 A void contract is without legal effect It binds no one and is mere nullity Such a contract has
25
        no existence whatever It has no legal entity for any purpose and neither action nor inaction of a party to it
z 6
        can validate it A void thing is no thing

z



2s


                                                               2
        CIVDS1913252     MEMORANDUM OF POINTS           AUTHORITIES BY DR DENISE WHISLER IN SUPPORT OF
        EXPARTE MOTION FOR STAY OF JUDGEMENT AND EXECUTIONS UNTIL RENDITION BY THE MOST
        HONORABLE COURT JUDGE FOR CASE NUMBER CIVDS1913252  By Dr Denise Whisler 11 11 2019