On April 30, 2019 a
Motion,Ex Parte
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
1 AKERMAN LLP
PARISA JASSIM SBN 273915 SUPERIOR
COURT O CDALIFORNIA
COUNTY OF SAN BERNARDINO
2 Email parisa a sim a akerman com
SAN BERNARDINO DISTRICT
ALEJANDRO PACHECO SBN 315136
3 Email ale andro pacheco a akerman corn FEB 2 5 2020
601 W Fifth Street Suite 300
4 Los Angeles California 90071
Telephone 213 688 9500
DANIEL IERLEIN DEPUTY
5 Facsimile 213 627 6342
6 Attorneys for Defendant
JPMORGAN CHASE BANK N A
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERN RDINO
10
11 DR DENISE WHISLER In Pro Per Case No CIVDS 1913252
Assigned to the Hon Janet M Frangie Dept
12 Plaintiff S29
o
ON
H 13 v DECLARATION OF ALEJANDRO P
a s v PACHECO IN SUPPORT OF JPMORGAN
14 WRIGHT FINLEY AND ZAK LLP CHASE BANK N A S EX PARTE
W w
ATTORNEYS AT LAW and DOES 1 through APPLICATION TO 1 VACATE
0 15 50 inclusive ON
FO DFAULT JiJGTMENT AND
x Fa
w 16 Defendants SET DEADLINE FOR CHASE TO
d
3 RESPOND TO PLAINTIFF S
17 COMPLAINT
o
18 Filed concurrently with Ex Parte Application
and Proposed Order
19
Hearing Information
20 Date February 26 2020
Time 8 30 a m
21 Dept S29
22 Complaint Filed Apri130 2019
Trial Date None
23
24
25
26 D
X
rn
27
28
1 CASF Na CTVDS1913252
DECLARATION OF ALEJANDRO PACHECO
52098812 1
I9
EJidver Z
1
1
2 I Alejandro Pacheco declare as follows
3 1 I am licensed to practice law in the State of California and am an associate at the law
4 firm of Alceiman LLP counsel of record for Defendant JPMorgan Chase Banlc N A Chase in this
5 matter I have personal knowledge of the facts stated in this declaration and if called to testify I could
6 and would
competently testify to them I make this declaration in support of Chase s ex pm te
7 application for an order 1 vacating the April 6 2020 hearing on plaintiff Dr Denise Whisler s motion
8 for default judgment and 2 setting Chase s deadline to respond to plaintiffs complaint up to and
9 including March 26 2020
10 2 On February 24 2020 at 12 42 p m I sent plaintiff and counsel for co defendant
11 Wright Finley and Zak LLP an email providing notice of this ex parte application including the
o
12 hearing date time and location and nature of this ex parte application pursuant to California Rules
M ON
a
H 13 of Court 3 1203 a A true and correct copy of this email is attached hereto as Exhibit A A copy of
a
w 14 these moving papers are also being sent to plaintiff and Wright Finley and Zak LLP via e mail on
0 15 February 24 2020
16 3 A true and correct copy of plaintiff s proof of service of summons filed on December
3 N
o a 17 5 2019 is attached hereto as Exhibit B A true and correct copy of a December 4 2019 non issued
F
18 Summons and Proof of Service with attached documents served upon Chase s agent for service of
19 process is attached hereto as Exhibit C
20 4 On February 11 2020 my colleague Parisa Jassim emailed plaintiff in an attempt to
21 discuss her case and obtain a 30 day extension to respond to the complaint On February 18 2020 I
22 emailed Plaintiff requesting she 1 clarify whether she ever served Chase with the complaint or
23 amendment to complaint 2 stipulate to giving Chase 30 days to respond to the complaint and 3
24 provide me with her availability to discuss over telephone the merits and possible resolution of her
25 claims I followed up again by email on February 22 2020 Attached hereto as Exhibit D is a true
26 and correct copy of the above emails I also called plaintiff s cellphone number listed on her complaint
27 909 882 3655 times 18 20 21 22 23 There was no response and I heard
seven on
February and
28 an automated message stating a voicemail had not been set up
2 CASE NO CTVDS1913252
DECLARATION OF ALEJAi TDRO PACHECO
52098812 1
Document Filed Date
February 25, 2020
Case Filing Date
April 30, 2019
Category
Unlimited Civil Complaint - Real Property
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Preview
1 AKERMAN LLP PARISA JASSIM SBN 273915 SUPERIOR COURT O CDALIFORNIA COUNTY OF SAN BERNARDINO 2 Email parisa a sim a akerman com SAN BERNARDINO DISTRICT ALEJANDRO PACHECO SBN 315136 3 Email ale andro pacheco a akerman corn FEB 2 5 2020 601 W Fifth Street Suite 300 4 Los Angeles California 90071 Telephone 213 688 9500 DANIEL IERLEIN DEPUTY 5 Facsimile 213 627 6342 6 Attorneys for Defendant JPMORGAN CHASE BANK N A 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERN RDINO 10 11 DR DENISE WHISLER In Pro Per Case No CIVDS 1913252 Assigned to the Hon Janet M Frangie Dept 12 Plaintiff S29 o ON H 13 v DECLARATION OF ALEJANDRO P a s v PACHECO IN SUPPORT OF JPMORGAN 14 WRIGHT FINLEY AND ZAK LLP CHASE BANK N A S EX PARTE W w ATTORNEYS AT LAW and DOES 1 through APPLICATION TO 1 VACATE 0 15 50 inclusive ON FO DFAULT JiJGTMENT AND x Fa w 16 Defendants SET DEADLINE FOR CHASE TO d 3 RESPOND TO PLAINTIFF S 17 COMPLAINT o 18 Filed concurrently with Ex Parte Application and Proposed Order 19 Hearing Information 20 Date February 26 2020 Time 8 30 a m 21 Dept S29 22 Complaint Filed Apri130 2019 Trial Date None 23 24 25 26 D X rn 27 28 1 CASF Na CTVDS1913252 DECLARATION OF ALEJANDRO PACHECO 52098812 1 I9 EJidver Z 1 1 2 I Alejandro Pacheco declare as follows 3 1 I am licensed to practice law in the State of California and am an associate at the law 4 firm of Alceiman LLP counsel of record for Defendant JPMorgan Chase Banlc N A Chase in this 5 matter I have personal knowledge of the facts stated in this declaration and if called to testify I could 6 and would competently testify to them I make this declaration in support of Chase s ex pm te 7 application for an order 1 vacating the April 6 2020 hearing on plaintiff Dr Denise Whisler s motion 8 for default judgment and 2 setting Chase s deadline to respond to plaintiffs complaint up to and 9 including March 26 2020 10 2 On February 24 2020 at 12 42 p m I sent plaintiff and counsel for co defendant 11 Wright Finley and Zak LLP an email providing notice of this ex parte application including the o 12 hearing date time and location and nature of this ex parte application pursuant to California Rules M ON a H 13 of Court 3 1203 a A true and correct copy of this email is attached hereto as Exhibit A A copy of a w 14 these moving papers are also being sent to plaintiff and Wright Finley and Zak LLP via e mail on 0 15 February 24 2020 16 3 A true and correct copy of plaintiff s proof of service of summons filed on December 3 N o a 17 5 2019 is attached hereto as Exhibit B A true and correct copy of a December 4 2019 non issued F 18 Summons and Proof of Service with attached documents served upon Chase s agent for service of 19 process is attached hereto as Exhibit C 20 4 On February 11 2020 my colleague Parisa Jassim emailed plaintiff in an attempt to 21 discuss her case and obtain a 30 day extension to respond to the complaint On February 18 2020 I 22 emailed Plaintiff requesting she 1 clarify whether she ever served Chase with the complaint or 23 amendment to complaint 2 stipulate to giving Chase 30 days to respond to the complaint and 3 24 provide me with her availability to discuss over telephone the merits and possible resolution of her 25 claims I followed up again by email on February 22 2020 Attached hereto as Exhibit D is a true 26 and correct copy of the above emails I also called plaintiff s cellphone number listed on her complaint 27 909 882 3655 times 18 20 21 22 23 There was no response and I heard seven on February and 28 an automated message stating a voicemail had not been set up 2 CASE NO CTVDS1913252 DECLARATION OF ALEJAi TDRO PACHECO 52098812 1