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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
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JASON NEEL, CASE NO: 22CV01758
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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
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UNITED STATES REAL ESTATE
21 CORPORATION
22 Cross-Complainant,
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Vv.
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JASON NEEL; CNA EQUITY GROUP, INC., a)
25 professional corporation; a California
Corporation; CODY MOLICA, and ROES 1-50.) DATE: SEPTEMBER 12, 2023
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Inclusive, TIME: 8:30 A.M.
27 ) PLACE: Dept. “5”
Cross-Defendants. ) TRIAL DATE: NOT SET
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NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION
DECLARATION IN SUPPORT
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RUSHMYFILE, INC., a California Corporation, )
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Cross-Complainant, )
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Vv. )
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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,
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Cross-Defendants.
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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.
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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.
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NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION;
DECLARATION IN SUPPORT
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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
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under oath but then it is signed by Brandi Jones, Guardian Ad Litem for Plaintiff Jason Neel.”
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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
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me, as counsel for Rushmyfile, to hold accountable. I certainly cannot hold Jason Neel
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accountable as he didn’t sign anything. 1 cannot hold Brandi Jones accountable as she didn't
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wear to anything. The verifications thus constitute a legal sleight of hand. Accordingly, the
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discovery “responses” are not responses at all, as a matter of law, because no legitimate
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verification of said “responses” accompanies the “responses.”
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24 I declare under the penalty of perjury, that the foregoing is true and correct. Executed
25 on September 5, 2023, at Torrance, California.
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JMS
MARK J. SARNI
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NOTICE OF NON-RECEIPT OF OPPOSITION TO DISCOVERY MOTION;
DECLARATION IN SUPPORT
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NOTICE OF NON-REC EIPT OF OPPOSITI ON TO DISCOVERY MOTION;
DECLARATION IN SUPPORT
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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
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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 )
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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
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on the interested parties as follows by the following means:
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(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
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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.
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(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.
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(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:
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(1) Name:
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(2) Address on envelope:
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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
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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.
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oO (FEDERAL) | declare that I am employed in the office of a member of the bar of
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Y v Ss
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MARK J. SARNI
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CASE NO. 22CV01758
PROOF OF SERVICE
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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
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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
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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)
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Fountain Valley, CA 92708
ed@weberlegal.com
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Michael T. Beuselinck, Esq.
Michal Beuselinck, P.S.
490 43" Street #37 Attorney for Defendant and Cross-Defendant,
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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
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CASE NO. 22CV01758
PROOF OF SERVICE
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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
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CASE NO. 22CV01758
PROOF OF SERVICE
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