Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Daniel T. Rockey (SBN 178604); Goli Mahdavi (SBN 245705)
BRYAN CAVE LLP
Three Embarcadero Center, 7 Floorr
San Francisco, CA 94111-4070
TELEPHONE No. (415) 675-3400 FAX NO. (Optional: (415) 675-3434 ELECTRONICALLY
E-MAIL ADDRESS (Optional): gol. mahdavi@bryancave.com FILED
ATTORNEY FOR (Namey: Defendant JPMorgan Chase Bank, N.A. Superior Court of Califomia,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
street apress: 400 McAllister St 10/25/2016
IAN ADDRESS Glerk of the Court
crry ano zie cone: San Francisco, CA’ 94102 Deputy Clerk
BRANCH NAME:
PLAINTIFF/PETITIONER: MARTIN ENG
DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): {XJ UNLIMITED CASE LIMITED CASE pore ereere
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 9, 2016 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[1 Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. Dd This statement is submitted by party (name): Defendant JPMorgan Chase Bank, N.A.
b. [1 This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [1 The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. LJ The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) (11 have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in RB complaint cross-complaint (Describe, including causes of action):
Plaintiff brings causes of action for 1. slander of title, 2. cancellation of instruments, 3. violation of Bus. & Prof.
Code Section 17200, 4. negligence, 5. wrongful foreclosure, 6. quiet title, and 7. violation of RICO.
page vot §
Forials Gounch of Caoria CASE MANAGEMENT STATEMENT Cal Rules of Court,
ules 3.720-3,730
(CM-110 [Rev. July 1, 2011] wwnw.courts.ca.govCM-110
- ‘CASE NUMBER:
| PLAINTIFF/PETITIONER: MARTIN ENG CGC-15-546377
DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief )
Plaintiff alleges wrongful foreclosure of the subject property on the basis that JPMorgan Chase Bank, N.A., was
not the real beneficiary under the Deed of Trust because Chase never aqcuired interest in the loan despite having
purchased all assets of Washington Mutual Bank via its receivor the FDIC.
oO (If more space is needed, check this box and attach a page designated as Attachment 4b. )
5. Jury or nonjury trial
The party or parties request [] a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
The trial has been set for (date):
a.
b. 1 Notrial date has been set. This case will be teady for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. EX] days (specify number): 3-4
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial & by the attorney or party listed in the caption Oo by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
o Additional representation is described in Attachment 8.
9. Preference
(1 This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel X]_ has C2 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [] has [C1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) LJ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) EI This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-4110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENTCM-110
PI : ‘CASE NUMBER:
| LAINTIFF/PETITIONER: MARTIN ENG. CGC-15-546377
IDEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing | If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR | indicate the status of the processes (attach a copy of the parties’ ADR
processes (check ail that apply): | stipulation):
[EX] Mediation session not yet scheduled
(1) Mediation Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date);
fepthirert Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5CM-110
CASE NUMBER:
|__ PLAINTIFFIPETITIONER: MARTIN ENG CGC-15-546377
DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes [] No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [J There are companion, underlying, or related cases.
(1) Name of case: Eng v. JPMC, et al.
(2) Name of court: San Francisco Superior Court
(3) Case number: CGC-09-487853,
(4) Status: Judgment in favor of JPMC.
C1 Additional cases are described in Attachment 13a.
b. [1 Amotionto [] consolidate ([] coordinate will be filed by (name party):
14. Bifurcation
C1 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15, Other motions
the party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant JPMorgan Chase Bank, N.A. plans to bring a motion for summary judgment.
16. Discovery
a. [J The party or parties have completed all discovery.
b [1 The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Chase Written Discovery November 2016
Chase Plaintiffs Deposition January 2017
c. [J The following discovery issues, including issues regarding the discovery of. electronically stored information, are
anticipated (specify):
(CM-110 (Rev. July 1, 2011)
CASE MANAGEMENT STATEMENTCM-110
‘CASE NUMBER:
[__ PLAINTIFF/PETITIONER: MARTIN ENG ee
DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al.
17. Economic litigation
a. [] Thisis a limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [1 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [J The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required,
Date: October 25, 2016
Goli Mahdavi »
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
C) Additional signatures are attached.
(CM-110 [Rav. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 6 of 5BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7™" FLOOR
SAN FRANCISCO, CA 94111
oOo MTN DUN F&F WY
NNN NB eB ee Se ee ee
BNRRBRBBHBSSCRSEUVWTABREBRFS
PROOF OF SERVICE
I am employed in the City and County of San Francisco, State of California. I am over the
age of 18 and not a party to the within action. My business address is Three Embarcadero Center,
T’ Floor, San Francisco, CA 94111
thi On October 25, 2016, I caused to be served on the interested parties in said action the
within:
CASE MANAGEMENT STATEMENT
by placing a true copy thereof in a sealed envelope(s) addressed to each as follows:
Peter L. Kutrubes, Esq. Leticia “Tia”Butler, Esq.
Law Offices of Peter L. Kutrubes & Associates, | McCarthy & Holthus, LLP
PC, Inc. 1770 4" Avenue
590 Lennon Lane, Suite 180 San Diego, CA 92101
Walnut Creek, CA 94598 Tel: (619) 685-4800
Tel: 925.939.9600 Ext. 101 Fax: (619) 685-4811
Fax: 925.256.7660 Attorneys for Quality Loan Service Corp.
Attorney for Plaintiff Email: Ibuter@mecarthyholtus.com
Email: pkutrubes@kutrubeslaw.com
Stanley W. Smith
Niven & smith
555 Montgomery Street, Suite 1750
San Francisco, CA 94111-2517
Tel: (415) 981-5451
Fax: (415) 433-5439
Attorneys for Sotheby’s International Realty
Email: sws@nivensmith.com
[xx ] BY MAIL [am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco,
California in the ordinary course of business. I am aware that on motion of the 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.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on October 25, 2016, at San Frapcisea, California,
"Aan Wet
Robert L Novak
254159.2\C080519\0386553 1
PROOF OF SERVICE — CASE NO. CGC-15-546377
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Daniel T. Rockey (SBN 178604); Goli Mahdavi (SBN 245705) BRYAN CAVE LLP Three Embarcadero Center, 7 Floorr San Francisco, CA 94111-4070 TELEPHONE No. (415) 675-3400 FAX NO. (Optional: (415) 675-3434 ELECTRONICALLY E-MAIL ADDRESS (Optional): gol. mahdavi@bryancave.com FILED ATTORNEY FOR (Namey: Defendant JPMorgan Chase Bank, N.A. Superior Court of Califomia, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco street apress: 400 McAllister St 10/25/2016 IAN ADDRESS Glerk of the Court crry ano zie cone: San Francisco, CA’ 94102 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: MARTIN ENG DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): {XJ UNLIMITED CASE LIMITED CASE pore ereere (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 9, 2016 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): [1 Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Dd This statement is submitted by party (name): Defendant JPMorgan Chase Bank, N.A. b. [1 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [1 The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. LJ The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) (11 have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in RB complaint cross-complaint (Describe, including causes of action): Plaintiff brings causes of action for 1. slander of title, 2. cancellation of instruments, 3. violation of Bus. & Prof. Code Section 17200, 4. negligence, 5. wrongful foreclosure, 6. quiet title, and 7. violation of RICO. page vot § Forials Gounch of Caoria CASE MANAGEMENT STATEMENT Cal Rules of Court, ules 3.720-3,730 (CM-110 [Rev. July 1, 2011] wwnw.courts.ca.govCM-110 - ‘CASE NUMBER: | PLAINTIFF/PETITIONER: MARTIN ENG CGC-15-546377 DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief ) Plaintiff alleges wrongful foreclosure of the subject property on the basis that JPMorgan Chase Bank, N.A., was not the real beneficiary under the Deed of Trust because Chase never aqcuired interest in the loan despite having purchased all assets of Washington Mutual Bank via its receivor the FDIC. oO (If more space is needed, check this box and attach a page designated as Attachment 4b. ) 5. Jury or nonjury trial The party or parties request [] a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date The trial has been set for (date): a. b. 1 Notrial date has been set. This case will be teady for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. EX] days (specify number): 3-4 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial & by the attorney or party listed in the caption Oo by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: o Additional representation is described in Attachment 8. 9. Preference (1 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel X]_ has C2 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [] has [C1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.14 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) LJ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) EI This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-4110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENTCM-110 PI : ‘CASE NUMBER: | LAINTIFF/PETITIONER: MARTIN ENG. CGC-15-546377 IDEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing | If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR | indicate the status of the processes (attach a copy of the parties’ ADR processes (check ail that apply): | stipulation): [EX] Mediation session not yet scheduled (1) Mediation Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date); fepthirert Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5CM-110 CASE NUMBER: |__ PLAINTIFFIPETITIONER: MARTIN ENG CGC-15-546377 DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes [] No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. [J There are companion, underlying, or related cases. (1) Name of case: Eng v. JPMC, et al. (2) Name of court: San Francisco Superior Court (3) Case number: CGC-09-487853, (4) Status: Judgment in favor of JPMC. C1 Additional cases are described in Attachment 13a. b. [1 Amotionto [] consolidate ([] coordinate will be filed by (name party): 14. Bifurcation C1 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15, Other motions the party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant JPMorgan Chase Bank, N.A. plans to bring a motion for summary judgment. 16. Discovery a. [J The party or parties have completed all discovery. b [1 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Chase Written Discovery November 2016 Chase Plaintiffs Deposition January 2017 c. [J The following discovery issues, including issues regarding the discovery of. electronically stored information, are anticipated (specify): (CM-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENTCM-110 ‘CASE NUMBER: [__ PLAINTIFF/PETITIONER: MARTIN ENG ee DEFENDANT/RESPONDENT: JPMORGAN CHASE BANK, N.A., et al. 17. Economic litigation a. [] Thisis a limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [1 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues 1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [J The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): |am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required, Date: October 25, 2016 Goli Mahdavi » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C) Additional signatures are attached. (CM-110 [Rav. July 1, 2011] CASE MANAGEMENT STATEMENT Page 6 of 5BRYAN CAVE LLP THREE EMBARCADERO CENTER, 7™" FLOOR SAN FRANCISCO, CA 94111 oOo MTN DUN F&F WY NNN NB eB ee Se ee ee BNRRBRBBHBSSCRSEUVWTABREBRFS PROOF OF SERVICE I am employed in the City and County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is Three Embarcadero Center, T’ Floor, San Francisco, CA 94111 thi On October 25, 2016, I caused to be served on the interested parties in said action the within: CASE MANAGEMENT STATEMENT by placing a true copy thereof in a sealed envelope(s) addressed to each as follows: Peter L. Kutrubes, Esq. Leticia “Tia”Butler, Esq. Law Offices of Peter L. Kutrubes & Associates, | McCarthy & Holthus, LLP PC, Inc. 1770 4" Avenue 590 Lennon Lane, Suite 180 San Diego, CA 92101 Walnut Creek, CA 94598 Tel: (619) 685-4800 Tel: 925.939.9600 Ext. 101 Fax: (619) 685-4811 Fax: 925.256.7660 Attorneys for Quality Loan Service Corp. Attorney for Plaintiff Email: Ibuter@mecarthyholtus.com Email: pkutrubes@kutrubeslaw.com Stanley W. Smith Niven & smith 555 Montgomery Street, Suite 1750 San Francisco, CA 94111-2517 Tel: (415) 981-5451 Fax: (415) 433-5439 Attorneys for Sotheby’s International Realty Email: sws@nivensmith.com [xx ] BY MAIL [am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with .S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the 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. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 25, 2016, at San Frapcisea, California, "Aan Wet Robert L Novak 254159.2\C080519\0386553 1 PROOF OF SERVICE — CASE NO. CGC-15-546377