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  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
  • Jason Neel vs United States Real Estate Corporation, et al(26) Unlimited Other Real Property document preview
						
                                

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Barry R. Gore, Esq. (SBN 143278) Mark J. Sarni, Esq. (SBN 164364) GORE & ASSOCIATES, A PROFESSIONAL LAW CORPORATION 3424 Carson Street, Suite 350 Torrance, California 90503 Telephone No.: (310) 542-01 11 Facsimile No.: (310) 214-7254 Email: bgore@goreassociates.com msarni@goreassociates.com Attorneys for Defendant and Cross-Complainant, Rushmyfile, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA, 10 FOR THE COUNTY OF SANTA CRUZ 11 JASON NEEL, CASE NO: 22CV01758 12 13 Plaintiff, NOTICE OF NON-RECEIPT OF Vv. OPPOSITION TO MOTION TO DEEM 14 MATTERS IN REQUESTS FOR 15 SUPERIOR LOAN SERVICING; ASSET ADMISSIONS AS ADMITTED AND TO DEFAULT MANAGEMENT, INC.; UNITED COMPEL DISCOVERY RESPONSES; 16 STATES REAL ESTATE CORPORATION; DECLARATION OF MARK J. SARNI CNA EQUITIES GROUP, LLC; AND REGARDING RECEIPT OF 17 IMPROPERLY VERIFIED RUSHMYFILE, BUSINESS ENTITY FORM 18 UNKNOWN, and DOES 1-50, inclusive, DISCOVERY “RESPONSES” AND NON-RECEIPT OF OTHER 19 Defendants. DISCOVERY RESPONSES 20 UNITED STATES REAL ESTATE 21 CORPORATION 22 Cross-Complainant, 23 Vv. 24 JASON NEEL; CNA EQUITY GROUP, INC., a) 25 professional corporation; a California Corporation; CODY MOLICA, and ROES 1-50.) DATE: SEPTEMBER 12, 2023 26 Inclusive, TIME: 8:30 A.M. 27 ) PLACE: Dept. “5” Cross-Defendants. ) TRIAL DATE: NOT SET 28 ) 1 NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION DECLARATION IN SUPPORT ) RUSHMYFILE, INC., a California Corporation, ) ) Cross-Complainant, ) ) Vv. ) ) CNA EQUITY GROUP, INC., a professional corporation; CODY MOLICA, an individual; ) DONALD SCHWARTZ, an individual; DEREK) WHEAT AKA MIGUEL WHEAT AKA SAM. ) WHEAT, an individual; and MOES 1-50, ) inclusive, 10 Cross-Defendants. 11 12 13 14 To the Court and All Attorneys and Parties of Record; 1S PLEASE TAKE NOTICE THAT as of September 5, 2023, Defendant and Cross- 16 Complainant Rushmyfile, Inc., has not received any opposition from Plaintiff Jason Neel to its 17 motion to deem matters in requests for admission as admitted and to compel discovery 18 responses. 19 PLEASE ALSO TAKE NOTICE THAT Plaintiff Jason Neel has purported to serve 20 discovery “responses” to the request for admissions and form interrogatories on or about 21 August 24, 2023, but the Plaintiff failed to attach proper verifications to either and, as such, 22 these “responses” do not legally constitute discovery responses at all (See, generally, Appleton 23 v. Superior Court (1988) 206 Cal.App.3d 632.) 24 FURTHER, no responses of any kind, verified or unverified, have been received with 25 regard to the special interrogatories or request for production of documents referenced in the 26 pending motion. 27 The accompanying Declaration of Mark J. Sarni verifies the foregoing information in 28 this notice. 2 NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION; DECLARATION IN SUPPORT Dated: September 5, 2023 MARK J. SARNI ATTORNEY AT LAW By MARK J. SARNI SN“ Attorney for Defendant and Cross-Complainant, Rushmyfile, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 3 NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION; DECLARATION IN SUPPORT | DECLARATION OF MARK J. SARNI I, Mark J. Sarni, do declare as follows: 1 I am an attorney at law, duly admitted to practice before all the courts of the t, State of California, and am the attorney of record for Defendant and Cross-Complainan Rushmyfile, Inc. (“Rushmyfile”), in the within action. If called as a witnesss to this matter, I could and would competently testify to the facts stated below. 2 On or about August 24, 2023, I received discovery “responses” to Form matter Interrogatories (Set One) and Requests for Admissions (Set One) in the above captioned by email from counsel for the Plaintiff, Jason Neel (“Plaintiff”). I did not receive, and have not 10 received as of the date of this declaration, any discovery responses to the Special Interrogatories 11 (Set One) or the Request for Production of Documents (Set One.) 12 3 With regard to the “responses” to the Form Interrogatories and Requests for 13 Admissions, they each contained an improper verification which, effectively, is not a 14 verification at all. Each “verification” has “Jason Neel” as the declarant making statements 15 under oath but then it is signed by Brandi Jones, Guardian Ad Litem for Plaintiff Jason Neel.” 16 True and correct copies of both “verifications” are collectively attached hereto as Exhibit “A.” 17 4 Plainly, if the information in the discovery responses is false, there is no one for 18 me, as counsel for Rushmyfile, to hold accountable. I certainly cannot hold Jason Neel 19 accountable as he didn’t sign anything. 1 cannot hold Brandi Jones accountable as she didn't 20 wear to anything. The verifications thus constitute a legal sleight of hand. Accordingly, the 2) discovery “responses” are not responses at all, as a matter of law, because no legitimate 22 verification of said “responses” accompanies the “responses.” 23 24 I declare under the penalty of perjury, that the foregoing is true and correct. Executed 25 on September 5, 2023, at Torrance, California. 26 27 JMS MARK J. SARNI 28 4 NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION; DECLARATION IN SUPPORT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 on 28 EXHIBIT “A” 2 NOTICE OF NON-REC EIPT OF OPPOSITI ON TO DISCOVERY MOTION; DECLARATION IN SUPPORT = VERIFICATION NEEL V. SUPERIOR LOAN SERVICING, et al. Santa Cruz Superior Court Case No, 22CV01758 I, JASON NEEL, declare: 1, Lam the Plaintiff in the above-entitled matter. 2. [have read the accompanying responses to Defendant RUSHMYFILE, INC.’S FORM INTERROGATORIES, SET NO. ONE and verify the responses as true of my own knowledge. I declare under penalty of perjury according to the laws of the State of California that the foregoing is true and correct. Executed on, August 23, 2023, at Capitola, California. nrPE Ljors, Gauwdian acl Liem Por Plai _ Brandi Jones, Guardian ad Litem Jason Neel for Plaintiff JASON NEEL _ VERIFICATION NEEL V. SUPERIOR LOAN SERVICING. et al. Santa Cruz Superior Court Case No. 22CV01758 I, JASON NEEL, declare: 1. Lam the Plaintiff in the above-entitled matter. LE, INC.’S 2. Lhave read the accot mpanying responses to Defendant RUSHMYFI the responses as true of my REQUEST FOR ADMISSIONS, SET NO. ONE and verify own knowledge. the State of California I declare under penalty of perjury accordin, g to the laws of that the foregoing is true and correct. Executed on, August 23, 2023, at Capitola, California. acl Litem Pov PlaintaPE Ffowe, Gauvdian Brandi jones, GuardianadLitem Jagan Neel for Plaintiff JASON NEEL PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I am employed in the county of Lo: s Angeles, State of California. I am over the 3424 Carson Street, age of 18 and not a party to the within action; my business address is Suite 350, Torrance, CA 90503. On September 5, 2023, I served the following documents by the means indicated below: NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION TO DEEM TO MATTERS IN REQUESTS FOR ADMISSIONS AS ADMITTED AND COMPEL DISCOVERY RESPONSES; DECLARATION OF MARK J. SARNI REGARDING RECEIPT OF IMPROPERLY VERIFIED DISCOVERY “RESPONSES” AND NON-RECEIPT OF OTHER DISCOVE RY RESPONS ES 10 11 on the interested parties as follows by the following means: 12 (See Attached Service List for Type of Service as to Each Party) (BY OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's 13 practice of collection and processing cortespondence for mailing. Under that 14 day with postage practice it would be deposited with Fed Express on that same thereon fully prepaid at Torrance, California in the ordinary course of business. I 15 if postal am aware that on motion of the party served, service is presumed invalid 16 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 17 (BY MAIL) As follows: I am "readily familiar" with the firm's practice of 18 collection and processing corresponde nce for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage 19 thereon fully prepaid at Torrance, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal 20 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 21 (BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED). I deposited these 22 papers with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the notice was 23) mailed. I used certified mail and requested a return receipt. The envelope was addressed and mailed to the other party as follows: 24 (1) Name: 25 26 (2) Address on envelope: 27 (3) Date Mailed: 28 CASE NO. 22CV01758 PROOF OF SERVICE (4) Place of mailing (city, state): (BY PERSONAL SERVICE) I delivered such envelope by first class mail to the Santa Clara County Sheriffs Office with Instructions to personally serve the above identified parties at the address identified or at such other address as the Santa Clara County Sheriff's Office can locate the above identified parties. (BY FAX) As follows: On at approximately p.m. by use of facsimile machine num| ber (310) 214-7254, I served a copy of the foregoing on the interested parties in this action by transmitting by facsimile machine to the following: [C.C.P. § 1013(e)] SEE ATTACHED SERVICE LIST (BY E-MAIL OR ELECTRONIC TRANSMISSION) As follows: I caused a copy of the document(s) to be sent from e-mail address southbayadr@gmail.com to the persons at the e-mail addresses listed below. I did not receive, within reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. The following parties were served 10 electronically at the following email addresses: (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 12 oO (FEDERAL) | declare that I am employed in the office of a member of the bar of 13 this court at whose direction the service was made. 14 15 Y v Ss 16 MARK J. SARNI 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 22CV01758 PROOF OF SERVICE _ _ SERVICE LIST Thornton Davidson, Esq. Attorney for Plaintiff, Jason Neel - (BY THORNTON DAVIDSON, P.C. EMAIL ONLY) 1195 W. Shaw Ave., Ste. A Fresno, CA 93711 thornton@thorntondavidsonlaw.com Pamela D. Simmons, Esq. William Purdy, Esq. Attorneys for Plaintiff, Jason Neel - (BY LAW OFFICE OF SIMMONS & PURDY EMAIL ONLY) 2425 Porter Street, Suite 10 Soquel, CA 95073 pamela@pamelaw.com bill@pamelaw.com 10 i Jeffrey H. Lowenthal, Esq. Attorneys for Defendant and Cross- Edward Egan Smith, Esq. Complainant, United States Real Estate 12 Matthew W. Delbridge, Esq. Corporation - (BY EMAIL ONLY) STEYER LOWENTHAL 13 BOODROOKAS ALVAREZ & SMITH LLP 14 235 Pine Street, 15" Floor San Francisco, CA 94104 15 jlowenthal@steyerlaw.com smith@steyerlaw.com 16 mdelbridge@steyerlaw.com 17 Edward T. Weber, Esq. Attorney for Defendants Superior Loan 18 Law Office of Edward T. Weber Servicing and Asset Default Management, 17151 Newhope Street, Suite 203 Inc. (BY EMAIL ONLY) 19 Fountain Valley, CA 92708 ed@weberlegal.com 20 21 22 Michael T. Beuselinck, Esq. Michal Beuselinck, P.S. 490 43" Street #37 Attorney for Defendant and Cross-Defendant, 23 Oakland, CA 94609 CNA Equity Group, Inc. — (BY EMAIL 24 mike@lawmtb.com ONLY) 25 Cody Molica 1029 North Road #175 Defendant and Cross-Defendant, In Pro Per — 26 Westfield, MA 01085 (BY EMAIL ONLY) molical 1 @gmail.com 27 28 CASE NO. 22CV01758 PROOF OF SERVICE - Steven E. Ernest, Esq, Jacoby Perez, Esq. Geraci, 90 Discovery Co-Counsel for Defendant United States Real Irvine, CA 92618-3105 Estate Corporation (BY EMAIL ONLY) .ernest@geracillp.com j.perez@geracillp.com 10 ll 12 13 14 15 16 af 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 22CV01758 PROOF OF SERVICE _