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oc OD em YD HW BR Ww
MARY KATE SULLIVAN (State Bar No. 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No. 245568)
tna@severson.com ELECTRONICALLY
JOEL. C. SPANN (State Bar No. 277615) cmt LEED
jes@severson.com ‘anfornta,
SEVERSON & WERSON 05/20/2015
A Professional Corporation 05 /: of Nf Court
One Embarcadero Center, Suite 2600 BY:ROMY RISK
San Francisco, California 94111 Deputy Clerk
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
BENEFIT OF HARBORVIEW 2005-2 TRUST
FUND
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOSEPH S. NEW, Case No. CGC-14-538800
Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS’ EX PARTE
vs. APPLICATION FOR ENTRY OF
TRUSTEE FOR THE BENEFIT OF
JUDGMENT PURSUANT TO C.C.P.
U.S. BANK NATIONAL ASSOCIATION AS | 581(F)(1)
HARBORVIEW 2005-2 TRUST FUND; [Filed concurrently with Ex Parte Application;
RECONTRUST COMPANY, N.A.; {Proposed] Judgment]
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BANK Date: May 22, 2015
OF AMERICA, N.A.; and DOES 1-100 Time: 11:00 a.m.
inclusive, Dept.:
Defendants. Action Filed: April 18, 2014
Trial Date: None Set
11951,0377/4017002.1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY
OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Pursuant to California Evidence Code section 452(d), a court may additionally take judicial
notice of “[rJecords of any court of this state... .” The document attached hereto is a record of
the San Francisco County Superior Court, Case Number CGC-14-538800, and is, therefore,
subject to judicial notice.
Evidence Code section 453 states that a Court is required to “take judicial notice of any
matter specified in section 452 if a party requests it and: (a) Gives each adverse party sufficient
notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare
to meet the request; and (b) Furnishes the court with sufficient information to enable it to take
judicial notice of the matter.” Through this pleading, the plaintiff is being furnished with
sufficient notice of, and the Court is being provided sufficient information to grant this request.
1. The Order on Defendants’ Demurrer to Plaintiff's Second Amended Complaint,
filed in the San Francisco County Superior Court on February 3, 2015. A true and correct copy of
said Order is attached hereto as Exhibit 1.
DATED: May@®, 2015 SEVERSON & WERSON
A Professional Corporation
- O32
Togpe-Spant
Attorneys for Defendants,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE BENEFIT
OF HARBORVIEW 2005-2 TRUST FUND
11951.0377/4017002.1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY
OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Severson
oWerson
A Professional Corporation
EXHIBIT “1”Ne
SD Oo eI AH PF w
MARY KATE SULLIVAN (State Bar No, 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No, 245568)
tna@severson.com
JOEL C. SPANN (State Bar No, 277615)
jes@severson.com
SEVERSON & WERSON
A Professional Corporation i j oy
Onc Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC, and U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
BENEFIT OF HARBORVIEW 2005-2 TRUST
FUND
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOSEPH S. NEW, Case No. CGC-14-538800
Plaintiff, {PROPOSED] ORDER ON DEMURRER
TO PLAINTIFF’S SECOND AMENDED
vs. COMPLAINT
U.S. BANK NATIONAL ASSOCIATION AS | [Filed concurrently with Notice of Demurrer
TRUSTEE FOR THE BENEFIT OF and Demurrer, Memorandum of Points and
HARBORVIEW 2005-2 TRUST FUND; Authorities; Request for Judicial Notice]
RECONTRUST COMPANY, N.A.;
MORTGAGE ELECTRONIC Date: February 3, 2015
REGISTRATION SYSTEMS, INC.; BANK Time: 9:30 a.m,
OF AMERICA, N.A.; and DOES 1-100 Dept.: 501
inclusive,
11951.03773397130.1
fPROPOSED] ORDER ON DEMURRER TO PLAINTIFF'S EIRST AMENDED COMPLAINT
Action Filed: April 18, 2014
Defendants, Trial Date: None Setwoe IY A wR WN
10
The demurrer of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND (“Defendants”) came on regularly for hearing in
Department 501 of this Court on February 3, 2015. Defendants demurred to Plaintiff's entire
Second Amended Complaint and to each of its causes of action asserted against Defendants,
Having reviewed and considered the written submissions of the parties and the arguments
of counsel at the hearing, and good cause appearing,
IT IS HEREBY ORDERED THAT for the reasons set forth in Defendants’ demurrer and
memorandum in ‘support thereof, Defendants’ demurrer to the Second Amended Complaint is
sustained in its evitirety wytow to amend.
IT IS SO ORDERED.
pate: _ F393" 2015
RONALD E. QUIDACHAY
Judge of the Superior Court
RONALD E. QUIDACHAY
WIOSMOBIIIITIO Nt oo __
{PRORSSED] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
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oc OD em YD HW BR Ww MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No. 245568) tna@severson.com ELECTRONICALLY JOEL. C. SPANN (State Bar No. 277615) cmt LEED jes@severson.com ‘anfornta, SEVERSON & WERSON 05/20/2015 A Professional Corporation 05 /: of Nf Court One Embarcadero Center, Suite 2600 BY:ROMY RISK San Francisco, California 94111 Deputy Clerk Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOSEPH S. NEW, Case No. CGC-14-538800 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE vs. APPLICATION FOR ENTRY OF TRUSTEE FOR THE BENEFIT OF JUDGMENT PURSUANT TO C.C.P. U.S. BANK NATIONAL ASSOCIATION AS | 581(F)(1) HARBORVIEW 2005-2 TRUST FUND; [Filed concurrently with Ex Parte Application; RECONTRUST COMPANY, N.A.; {Proposed] Judgment] MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BANK Date: May 22, 2015 OF AMERICA, N.A.; and DOES 1-100 Time: 11:00 a.m. inclusive, Dept.: Defendants. Action Filed: April 18, 2014 Trial Date: None Set 11951,0377/4017002.1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Pursuant to California Evidence Code section 452(d), a court may additionally take judicial notice of “[rJecords of any court of this state... .” The document attached hereto is a record of the San Francisco County Superior Court, Case Number CGC-14-538800, and is, therefore, subject to judicial notice. Evidence Code section 453 states that a Court is required to “take judicial notice of any matter specified in section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.” Through this pleading, the plaintiff is being furnished with sufficient notice of, and the Court is being provided sufficient information to grant this request. 1. The Order on Defendants’ Demurrer to Plaintiff's Second Amended Complaint, filed in the San Francisco County Superior Court on February 3, 2015. A true and correct copy of said Order is attached hereto as Exhibit 1. DATED: May@®, 2015 SEVERSON & WERSON A Professional Corporation - O32 Togpe-Spant Attorneys for Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND 11951.0377/4017002.1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Severson oWerson A Professional Corporation EXHIBIT “1”Ne SD Oo eI AH PF w MARY KATE SULLIVAN (State Bar No, 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No, 245568) tna@severson.com JOEL C. SPANN (State Bar No, 277615) jes@severson.com SEVERSON & WERSON A Professional Corporation i j oy Onc Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOSEPH S. NEW, Case No. CGC-14-538800 Plaintiff, {PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S SECOND AMENDED vs. COMPLAINT U.S. BANK NATIONAL ASSOCIATION AS | [Filed concurrently with Notice of Demurrer TRUSTEE FOR THE BENEFIT OF and Demurrer, Memorandum of Points and HARBORVIEW 2005-2 TRUST FUND; Authorities; Request for Judicial Notice] RECONTRUST COMPANY, N.A.; MORTGAGE ELECTRONIC Date: February 3, 2015 REGISTRATION SYSTEMS, INC.; BANK Time: 9:30 a.m, OF AMERICA, N.A.; and DOES 1-100 Dept.: 501 inclusive, 11951.03773397130.1 fPROPOSED] ORDER ON DEMURRER TO PLAINTIFF'S EIRST AMENDED COMPLAINT Action Filed: April 18, 2014 Defendants, Trial Date: None Setwoe IY A wR WN 10 The demurrer of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND (“Defendants”) came on regularly for hearing in Department 501 of this Court on February 3, 2015. Defendants demurred to Plaintiff's entire Second Amended Complaint and to each of its causes of action asserted against Defendants, Having reviewed and considered the written submissions of the parties and the arguments of counsel at the hearing, and good cause appearing, IT IS HEREBY ORDERED THAT for the reasons set forth in Defendants’ demurrer and memorandum in ‘support thereof, Defendants’ demurrer to the Second Amended Complaint is sustained in its evitirety wytow to amend. IT IS SO ORDERED. pate: _ F393" 2015 RONALD E. QUIDACHAY Judge of the Superior Court RONALD E. QUIDACHAY WIOSMOBIIIITIO Nt oo __ {PRORSSED] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT