Conference: CEFERINO CAGANG, et al vs. SHARON DIZON, et al

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                                1   WRIGHT, FINLAY & ZAK, LLP
     Cathy K. Robinson, Esq., SBN 226275
 2   Jier Dong, Esq., SBN 349490
 3   4665 MacArthur Court, Suite 200
     Newport Beach, CA 92660
 4   Tel: (949) 477-5050; Fax: (949) 608-9142
     crobinson@wrightlegal.net; jdong@wrightlegsl.net
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     Attorneys for Defendants,
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     SELECT PORTFOLIO SERVICING, INC; and U.S. BANK, NATIONAL ASSOCIATION AS
 8   TRUSTEE FOR WAMU MORTGAGE PASS THROUGH CERTIFICATE FOR WMALT SERIES
     2007-OA3
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10                                   SUPERIOR COURT OF CALIFORNIA
11                                         COUNTY OF SAN MATEO
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     CEFERINO CAGANG; ERLINDA CAGANG                           Case No.: 23CIV00801
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                                                               Assigned to Hon. Susan L. Greenberg; Dept. 3
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                                                            DECLARATION OF JIER DONG REGARDING
15                   Plaintiffs,                            MEET AND CONFER EFFORTS PURSUANT
16                                                          TO CODE OF CIVIL PROCEDURE SECTION
             vs.                                            430.41(a)(3)
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     SHARON DIZON; CHRISTOPHER                              [Demurrer to First Amended Complaint and Request
18   CAGANG; JOSEPH RENNER CAGANG;                          for Judicial Notice filed concurrently herewith]
19   JOSEPH JEROME CAGANG; HERBERTH
     CAGANG; ZEN REALTY; YIN FANYE;                          Hearing
20   SELECT PORTFOLIO SERVICING INC.; U.S.                   Date: December 28, 2023
     BANK NA; AS TRUSTEE FOR WAMU PASS                       Time: 2:00 pm
21   THROUGH CERT.SERIES 2007-OA3, DOES                      Dept.: 3
22   1-10, inclusive,

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                     Defendants.                            Complaint filed: February 21, 2023
24                                                          FAC filed:       October 3, 2023
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      ______________________________________________________________________________________________________________
       DECLARATION OF JIER DONG REGARDING MEET AND CONFER EFFORTS PURSUANT TO CODE
                            OF CIVIL PROCEDURE SECTION 430.41(a)(3)
 1          I, Jier Dong, declare and state as follows:
 2          1.      I am an attorney at law duly licensed to practice in California and before the above-
 3   referenced court. I am an associate with the law firm of Wright, Finlay & Zak, LLP (“WFZ”), counsel of
 4   record for Defendants SELECT PORTFOLIO SERVICING, INC (“SPS”) and U.S. BANK,
 5   NATIONAL ASSOCIATION AS TRUSTEE FOR WAMU MORTGAGE PASS THROUGH
 6   CERTIFICATE FOR WMALT SERIES 2007-OA3 (the “Trust”) (collectively “Defendants”) in the
 7   above-captioned matter. I have personal knowledge of the facts set forth herein and if called as a witness
 8   could and would competently testify as to those facts.
 9          2.      I submit this declaration pursuant to Code of Civil Procedure Section 430.41(a)(3) and in
10    support of Defendants’ Demurrer to the First Amended Complaint (“FAC”) of Plaintiffs CEFERINO
11    CAGANG and ERLINDA CAGANG (“Plaintiffs”).
12          3.      I met and conferred with Plaintiff CEFERINO CAGANG via telephone on Friday,
13   October 13, 2023, during which we discussed the bases for Defendants’ Demurrer to the Plaintiffs’ FAC.
14   We were unable to come to an agreement that would resolve the objections to be raised in the Demurrer.
15          5.      Based on the foregoing, I have made a good faith attempt to meet and confer with Plaintiffs
16   but the parties were unable to come to an agreement that would resolve the objections to be raised in the
17   Demurrer.
18          I declare under penalty of perjury under the laws of the State of California that the foregoing is
19   true and correct. Executed on November 1, 2023, at Newport Beach, California.
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                                                    _________________________________
22                                                  Jier Dong, Esq.
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      ______________________________________________________________________________________________________________
       DECLARATION OF JIER DONG REGARDING MEET AND CONFER EFFORTS PURSUANT TO CODE
                            OF CIVIL PROCEDURE SECTION 430.41(a)(3)
                                                PROOF OF SERVICE
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 2           I, Iryna Brown, declare as follows:

 3           I am employed in the County of Orange, State of California. I am over the age of eighteen (18)
     and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport
 4   Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for
     collection and processing of correspondence for mailing with the United States Postal Service. Such
 5   correspondence is deposited with the United States Postal Service the same day in the ordinary course of
 6   business. I am aware that on motion of party served, service is presumed invalid if postal cancellation
     date or postage meter date is more than one day after date of deposit for mailing in affidavit.
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      On November 1, 2023, I served the within DECLARATION OF JIER DONG REGARDING
 8    MEET AND CONFER EFFORTS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION
      430.41(a)(3)
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     on all interested parties in this action as follows:
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11   [X ] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as
     follows:
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13   Ceferino Cagang
     Erlinda Cagang
14   54 Oceanside Drive
     Daly City, CA 94015
15   Tel; 650-892-9447
16   [Plaintiffs Pro Per]

17   [ X]     (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date
             following ordinary business practices.
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     []      (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct
19           copies thereof enclosed in a package designated by Federal Express Overnight with the delivery
20           fees provided for.

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     [ ]    (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through
22          One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached
            service list.
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24   [X]     (State) I declare under penalty of perjury under the law of the State of California that the
             foregoing is true and correct. Executed on November 1, 2023, at Newport Beach, California.
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      ______________________________________________________________________________________________________________
       DECLARATION OF JIER DONG REGARDING MEET AND CONFER EFFORTS PURSUANT TO CODE
                            OF CIVIL PROCEDURE SECTION 430.41(a)(3)